When you sustain a serious injury in Minnesota, you can sue the negligent person and/or entity responsible for the accident or malpractice that caused your injury. A personal injury lawsuit allows you to claim that the defendant(s) owe(s) you financial compensation, a/k/a damages, because (s)he or they caused your injury. Pain and suffering damages represent one kind of damages you can ask for.
FindLaw explains that Minnesota has some complicated laws regarding pain and suffering damages. For instance, you cannot receive pain and suffering damages in a workers’ compensation case. Nor can you receive them if your injuries occurred while you resided in a state correctional facility or a state institution controlled by the Commissioner of Veterans Affairs or the Commissioner of Human Services.
What pain and suffering covers
Pain and suffering covers a multitude of things, including the following:
- Your physical and mental suffering
- Your emotional distress
- Your loss of consortium with your spouse or partner
- Your scarring
- Your disfigurement
What limits apply
Minnesota law sets no limit to the amount of pain and suffering damages you can receive in a medical malpractice case. It does, however, require that in a lawsuit arising out of an auto accident, your accident itself must exceed the state’s no-fault minimums. In addition, the state’s 50% comparative negligence law denies you any pain and suffering damages whatsoever if the jury determines that you were more than 50% at fault for the accident.
Statutes of Limitation
You should file your auto accident personal injury claim within six months of its occurrence. For other types of personal injury lawsuits, including those for medical malpractice, you must file within two years of your date of injury.