A brain injury does not always look serious at first. Headaches, memory gaps, trouble focusing, mood changes and sensitivity to light can show up hours or days after a crash or fall. When those symptoms affect your work and family life, you deserve answers and support.
In Minnesota, a negligence claim for an injury generally must be filed within 6 years (Minn. Stat. § 541.05, subd. 1(5)). Some deadlines are much shorter, so it helps to call early. Our Minneapolis-area office handles concussion and traumatic brain injury (TBI) cases, and we work on a contingency fee, which means you pay no attorney fee unless we recover money for you.
Minnesota Law for Brain Injury Claims
In Minnesota, a TBI claim generally follows the general injury rules, plus the no-fault rules when the injury came from a vehicle crash and the workers’ compensation rules when it happened on the job.
Deadlines that can be shorter
If a city or county was involved, such as a fall on public property or a crash with a city vehicle, Minnesota generally requires written notice to the city or county within 180 days after the injury is discovered (Minn. Stat. § 466.05, subd. 1). For a child with a brain injury, Minnesota pauses many filing deadlines while the injured person is under 18, but the pause has limits (Minn. Stat. § 541.15). Ask about your child’s specific deadline rather than assuming you have years.
Shared fault
Minnesota uses comparative fault: you can still recover if your share of fault is not greater than the share of the person you are claiming against, but your award is reduced by your percentage of fault (Minn. Stat. § 604.01, subd. 1). Partial fault does not automatically end a claim.
Brain Injuries From Car Crashes
After a car crash, Minnesota no-fault insurance, called personal injury protection or PIP, pays basic economic loss benefits regardless of who caused the crash (Minn. Stat. § 65B.49, subd. 1). Minimum PIP coverage is $40,000: $20,000 for medical expenses and $20,000 for income loss and other economic loss (Minn. Stat. § 65B.44, subd. 1).
PIP medical benefits cover necessary medical, surgical and rehabilitative services, along with hospital, extended care and nursing services (Minn. Stat. § 65B.44, subd. 2). After a severe brain injury, people are often moved to a rehabilitation center, where the care team may include physical, occupational and speech therapists. PIP also pays 85 percent of lost gross income from inability to work, up to $500 per week (Minn. Stat. § 65B.44, subd. 3).
The pain and suffering threshold
To claim pain and suffering from the at-fault driver, your reasonable medical expenses (not counting diagnostic x-rays and certain rehabilitation) must be more than $4,000, or the crash must cause permanent disfigurement, permanent injury, death or disability for 60 days or more (Minn. Stat. § 65B.51, subd. 3). The law defines disability as the inability to engage in substantially all of your usual and customary daily activities (Minn. Stat. § 65B.51, subd. 3).
That matters for brain injuries: a TBI that keeps you from substantially all of your usual daily activities for 60 days or more can open the door to a pain and suffering claim, even if your medical bills are low (Minn. Stat. § 65B.51, subd. 3). You can also claim economic losses that PIP does not pay, for example because of PIP’s dollar limits (Minn. Stat. § 65B.51, subd. 2). Our Minneapolis car accident lawyers handle these crash claims every step of the way.
Brain Injuries at Work
If you were hurt on the job, workers’ compensation is generally the exclusive remedy, meaning the only remedy, against your employer (Minn. Stat. § 176.031). Workers’ compensation covers medical, psychological, surgical and hospital treatment reasonably required to cure and relieve the effects of the injury (Minn. Stat. § 176.135, subd. 1(a)). You may still bring a separate claim against another party whose negligence caused the injury, such as a negligent driver or the maker of defective equipment, even while your employer pays benefits (Minn. Stat. § 176.061, subd. 5). Our Minneapolis workers’ compensation lawyers can review both kinds of claims.
Common Causes of Brain Injuries
Vehicle crashes
A crash can cause a brain injury when an outside force is strong enough to move the brain within the skull, even if the skull is not fractured. Pedestrians and cyclists struck by vehicles can suffer serious head injuries.
Caídas
Falls are the most common cause of traumatic brain injuries, and adults 65 and older are at greatest risk of being hospitalized for one, most often from a fall.
Accidentes laborales
Falls from ladders and scaffolding, falling objects and equipment accidents can cause head trauma on job sites.
Assaults
Assaults are one cause of traumatic brain injuries.
Sports and recreation
Concussions can happen in sports and recreation, and sports-related injuries are a major cause of traumatic brain injuries.
Brain Injuries and Compensation
Brain injuries range from concussions to severe injuries, and they can affect how a person thinks, moves, communicates and acts. Effects can include trouble remembering or concentrating, fatigue and irritability.
The Minnesota Department of Health lists Hennepin Healthcare as a Level 1 trauma center and Hennepin Healthcare Children’s Hospital as a Level 1 pediatric trauma center. Whatever hospital treated you, the records from your first visit onward help show what the injury has meant.
A brain injury claim seeks payment for the losses the injury caused. The losses we document often include:
- Emergency care, imaging and hospital stays
- Neurology visits and follow-up testing
- Speech, cognitive, physical and occupational therapy
- Lost income and reduced ability to work
- Help at home and changes to daily routines
- Effects on memory, mood, relationships and quality of life
When several parties share responsibility, each generally pays its own share of the award, but a party more than 50 percent at fault can be made to pay the whole award (Minn. Stat. § 604.02, subd. 1).
What to Do After a Head Injury
- See a doctor right away, even if you feel fine at first
- Tell every provider about every symptom, including headaches, sleep changes and confusion
- Keep a daily symptom journal and ask a family member to note changes they see
- Follow your treatment plan and keep every appointment
- Report a crash to your auto insurer promptly, or a workplace injury to your employer in writing
- Avoid recorded statements to the other side’s insurer until you get advice
- Call 844-SEE-MIKE for a free consultation
How 844-SEE-MIKE Helps After a Minneapolis Brain Injury
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
If the injury also affected your neck or back, our Minneapolis spinal cord injury lawyers can review that part of the claim.
Preguntas frecuentes
Can a concussion be the basis of an injury claim?
Yes, it can. A concussion is a form of brain injury, and some people deal with symptoms for weeks or months. Medical records, symptom journals and statements from people who know you help show how it has affected your life.
What if my symptoms showed up days after the accident?
Some brain injury symptoms may not show up right away. Get medical care as soon as you notice them and tell the doctor about the accident.
How much is a brain injury case worth?
The value depends on how severe the injury is, the treatment you need, how it affects your work and daily life, the available insurance and who was responsible. We can talk through what the evidence supports once your medical picture is clearer.
If you or someone you love was hurt in Minneapolis, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
You can also learn more about our Minneapolis personal injury lawyers and the other cases our office handles.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
