Detailed Answer
After a car crash in Minnesota, you can pursue compensation under the No-Fault Act and through a third-party bodily injury claim. Follow these steps to estimate a fair settlement for soft tissue injuries:
1. Identify Economic Damages
Medical Expenses: Add up all reasonable medical bills, including emergency care, physical therapy and chiropractic visits. Under Minnesota’s No-Fault Act, insurers pay personal injury protection (PIP) benefits up to statutory limits. See Minn. Stat. § 65B.43 (revisor.mn.gov/statutes/cite/65B.43).
Lost Income: Document time off work and reduced earning capacity. Minnesota law requires insurers to cover work-loss benefits. See Minn. Stat. § 65B.44 (revisor.mn.gov/statutes/cite/65B.44).
2. Calculate Non-Economic Damages
Soft tissue injuries often yield pain and suffering. Use the multiplier method:
- Choose a multiplier (1.5 to 5) based on injury severity and recovery time.
- Multiply your total economic damages by that number to estimate pain and suffering.
Example: $10,000 in medical bills + $2,000 lost wages = $12,000 economic damages. A multiplier of 2 yields $24,000 in non-economic damages.
3. Adjust for Comparative Fault
Minnesota follows a modified comparative fault rule. If you share fault, reduce your recovery by your percentage of blame. You cannot recover if you are more than 50% at fault. See Minn. Stat. § 604.02 (revisor.mn.gov/statutes/cite/604.02).
4. Negotiate a Settlement Range
Combine economic and non-economic figures, then apply a factor (often 70–90%) to account for negotiation risks, case strength and insurer tactics. For example:
Total damages of $36,000 × 80% = $28,800 as a realistic opening demand.
Helpful Hints
- Keep all medical records and bills organized.
- Ask your medical providers for detailed treatment notes.
- Document missed work dates and income loss with pay stubs.
- Photograph injuries and accident scene when possible.
- Track your pain levels and daily limitations in a journal.
- Compare settlement offers against your calculated range.
- Consult a qualified attorney for complex liability or serious injuries.