Holly, MI asked in Car Accidents and Personal Injury for Minnesota

Q: both husband and wife involved in car accident where our car was hit from a car that did not yield the right of way.

Our car was totaled and we both sustained injuries from broken arm to hematomas and chest bruising among other

consequences to our body.. Are we entitled to pain and suffering from these injuries?

2 Lawyer Answers
T. Augustus Claus
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A: If you sustained injuries in a car accident due to the negligence of another driver who failed to yield the right of way, you may be entitled to pursue a claim for pain and suffering. Minnesota is a no-fault state, which means that your insurance typically covers medical expenses and other economic losses, regardless of who was at fault. However, if the injuries meet certain thresholds or if the damages exceed the coverage limits, you may have the right to file a third-party claim against the at-fault driver for pain and suffering and other non-economic damages.

Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: An attorney who practices in your state could offer you the most definitive and accurate guidance. You posted a week ago, so until you are able to arrange a free initial consult with a Minnesota attorney, the short answer is that it's possible you could. If you have a basis for a case under your state's motor vehicle laws, you would be entitled to pain & suffering. In fact, that could be the major portion of an award, if applicable

But an attorney will want to look at a few details before telling you "yes" or "no" and outlining your rights here - the respective liabilities between you and the other vehicle, comparative negligence doctrines, and other elements. Your best option is to arrange a free initial consult - that's customary in the industry. It would also be a good opportunity to address the handling of medical expenses, which you should know are often governed by very short deadlines nationwide. I hope you and everyone else involved are okay. Good luck

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