A spinal cord injury can take away muscle control, feeling or function below the injury, and recovery can involve rehabilitation, a wheelchair or other assistive devices.
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 spinal cord injury cases from crashes, falls and workplace accidents, and we work on a contingency fee, which means you pay no attorney fee unless we recover money for you.
Minnesota Law for Spinal Cord Injury Claims
In Minnesota, spinal cord injury claims generally follow the general injury rules, the no-fault rules for vehicle crashes and the workers’ compensation rules for injuries on the job.
Deadlines depend on the type of claim
If a city or county was involved, such as a crash with a city vehicle or a fall on public property, Minnesota generally requires written notice to the city or county within 180 days after the injury is discovered (Minn. Stat. § 466.05, subd. 1). A claim against a health care provider for malpractice, error or mistake generally must be filed within 4 years (Minn. Stat. § 541.076(b)). For an injured child, Minnesota pauses many filing deadlines while the child is under 18, but the pause has limits (Minn. Stat. § 541.15).
Shared fault and multiple parties
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).
When several parties share responsibility, such as a trucking company and a parts maker, 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).
Why Insurance Limits Matter After a Crash
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). The minimum PIP coverage includes $20,000 for medical expenses (Minn. Stat. § 65B.44, subd. 1).
Minnesota’s minimum liability coverage for drivers is $30,000 for injury to one person (Minn. Stat. § 65B.49, subd. 3). Minnesota auto policies must also include uninsured and underinsured motorist coverage of at least $25,000 per person (Minn. Stat. § 65B.49, subd. 3a). Underinsured motorist (UIM) coverage can pay damages you sustained but could not recover from the at-fault driver’s policy (Minn. Stat. § 65B.49, subd. 4a).
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). A spinal cord injury that is permanent, or that causes disability for 60 days or more, meets this threshold (Minn. Stat. § 65B.51, subd. 3). Our Minneapolis car accident lawyers and Minneapolis truck accident lawyers handle the crash side of these claims.
Spinal Cord 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). Permanent total disability benefits are 66-2/3 percent of the daily wage at the time of injury and generally end at age 72, or after five years of benefits if you were injured after age 67 (Minn. Stat. § 176.101, subd. 4).
In permanent total disability cases, the employer must pay the reasonable value of nursing services provided by a member of the employee’s family or household (Minn. Stat. § 176.135, subd. 1(b)). You may also bring a separate claim against another party whose negligence caused the injury, 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 Spinal Cord Injuries
Vehicle crashes
Motor vehicle accidents and serious falls are the most common causes of spinal cord injuries in the U.S., according to the National Institute of Neurological Disorders and Stroke.
Falls
Falls can injure the spinal cord, including when fragments of broken vertebrae press into it.
Workplace and construction accidents
Industrial accidents are among the causes of spinal cord injuries.
Diving and recreation
Diving into shallow water and sports injuries can cause spinal cord injuries.
Spinal Cord Injuries and Compensation
Doctors describe spinal cord injuries as complete, where function below the injury is lost, or incomplete, where some function remains. The level of the injury affects whether the arms, legs or breathing are involved.
A claim seeks payment for the losses the injury caused, now and in the future. The losses we document often include:
- Emergency care, surgery and hospital stays
- Inpatient and outpatient rehabilitation
- Wheelchairs, mobility equipment and home or vehicle changes
- In-home care and help with daily tasks
- Lost income and reduced ability to work in the future
- Pain, loss of independence and effects on family life
To show future needs, we may bring in a medical professional to explain why you need a certain treatment.
What to Do After a Spinal Cord Injury
- Follow your medical team’s instructions and keep every appointment
- Ask a family member to keep records of bills, care needs and time missed from work
- Report a crash to your auto insurer promptly, or a workplace injury to your employer in writing
- Keep photos, police reports and contact details for witnesses
- Avoid recorded statements to the other side’s insurer until you get advice
- Do not sign releases or settlement papers before you understand your long-term needs
- Call 844-SEE-MIKE for a free consultation
How 844-SEE-MIKE Helps After a Minneapolis Spinal Cord 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 you cannot travel, we can talk by phone or video.
Frequently Asked Questions
How much is a spinal cord injury case worth?
The value depends on the level and completeness of the injury, your future care needs, how it affects your ability to work, the available insurance and who was responsible. Once your medical outlook is clearer, we can talk through what the evidence supports.
Should I settle before I know my long-term prognosis?
It can make sense to wait until doctors understand your long-term needs, so talk with us before you accept an offer or sign a release. We take steps early to protect evidence and deadlines so you are not rushed into a decision.
What does it cost to talk with 844-SEE-MIKE?
Nothing. The consultation is free, and if we take your case, you pay no attorney fee unless we recover money for you.
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.
