Disclaimer: This article is for informational purposes only and does not constitute legal advice.
If you suffered injuries in a bus accident and plan to pursue a personal injury claim in Minnesota, you must understand the legal process, deadlines, and evidentiary requirements. This guide walks you through each step under Minnesota law.
1. Determine the Responsible Parties
Identify who may be liable. Common defendants include:
- Public transit agencies (e.g., Metro Transit).
- Private bus companies.
- Bus driver or other negligent parties.
If the bus is operated by a government entity, Minnesota law imposes specific notice requirements. See Minnesota Statutes § 466.05 for notice of claims against government entities.
2. Meet the Notice and Filing Deadlines
Personal injury claims in Minnesota generally have a two-year statute of limitations. Under Minn. Stat. § 541.07, subd. 2, you must commence an action within two years of the injury date.
For claims against a government-owned or operated bus, you must also send a written notice of claim within 180 days after the injury. See Minn. Stat. § 466.05.
3. Gather Evidence
Collect and preserve documentation to support your claim:
- Accident reports and police records.
- Photographs of the scene, vehicle damage, and injuries.
- Medical records and bills.
- Witness contact information and statements.
- Bus maintenance and inspection logs (if available).
4. Draft and Serve the Complaint
To file a lawsuit, prepare a Complaint that outlines:
- The parties involved.
- Facts showing negligence (duty, breach, causation, damages).
- Relief sought (compensatory damages, medical expenses, lost wages, pain and suffering).
File the Complaint in the appropriate Minnesota district court and serve it on all defendants in accordance with the Minnesota Rules of Civil Procedure.
5. Negotiate with Insurers
In many cases, insurers will handle bus accident claims. Submit a written demand with all supporting evidence. Be prepared for counteroffers and settlement negotiations.
6. Consider Hiring an Attorney
Complex liability rules, especially against government entities, can present challenges. An experienced personal injury attorney can help you:
- Interpret statutes like Minn. Stat. § 466.03 (state liability).
- Accurately calculate damages.
- Handle negotiations and court procedures.
7. Proceed to Trial if Necessary
If you cannot reach a fair settlement, your case may go to trial. Be prepared to present evidence, call witnesses, and argue legal issues before a judge or jury.
Helpful Hints
- File notices early: Missing the 180-day notice can bar claims against public buses.
- Document injuries meticulously: Include follow-up treatments and therapy.
- Keep a detailed accident journal: Daily logs of pain levels and lost activities.
- Obtain expert reports: Accident reconstructionists and medical experts can strengthen your case.
- Review insurance policies: Understand liability limits and additional coverages.