Legal Question in Personal Injury in Minnesota

Personal Injury Case

I was in an auto accident this week. I do not know the seriousness of my injuries so far, but my physician thinks I may have torn cartilage in my wrist from the accident and has scheduled me for an mri next week to find out what is wrong with my neck and shoulder. I have been told that my injuries must exceed $4000.00 in bills to be able to file a personal injury suit. Is this $4000.00 for treatment of the injury or can it include the dr. visits and diagnostics like the mri and x-rays?

Asked on 9/12/08, 5:12 pm

4 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Personal Injury Case

A permanent injury (like a scar or a broken bone) or a threshhold of $4000 must be med to have a "tort threshold" in order to file a civil lawsuit.

It is extremely important to follow through with al recommended medical treatment at this juncture. You should also contact a personal injury attorney immediately.

For a FREE consultation call 612.240.8005

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Answered on 9/15/08, 10:36 pm

Re: Personal Injury Case

I specialize in these types of cases. In order to file a personal injury lawsuit in Minnesota, the injured person must meet a "tort threshold": $4000.00 in treatment costs (scans may or may not apply); a disfigurement such as a scar; a 60 day disability; death, or a "permanent injury" opinion from a doctor.

If the injured person meets any of these thresholds, then he or she may bring a case (I am assuming that the injured party is not the at-fault party).

Please see for more information. Thank you.

J D Haas

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Answered on 9/12/08, 5:33 pm
Christopher Walsh Walsh Law Firm

Re: Personal Injury Case

I practice in the area of personal injury, so call me if you have further questions.

With those kind of injuries it sounds like you will be over the tort threshold, in 2-3 ways. MRI's might not be counted as "diagnostic x-rays" as described in the statute. Regardless, you can recover those expenses in a negligence case against the at-fault driver. There is also a no-fault setoff, which I can explain.


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Answered on 9/12/08, 6:03 pm
Jeffrey D. Thill Thill Law Firm, P.A.

Re: Personal Injury Case

I would like to clarify something from the previous three responses. You do not need one of the thresholds to bring a personal injury lawsuit. You only need one of the thresholds to recover general damages for pain and suffering, emotional distress, etc. at trial. You do not need to meet any of the thresholds to recover what is called, "special damages", which include medical expenses, wage loss, etc.

Since most PI cases are settled, you should get a lawyer early in the process as it is very possible that your case will be settled without litigation.

Whether you choose one of the attorneys who has responded to your question or select another attorney, you should get someone familiar with personal injury law in Minnesota as soon as possible, to help you maximize your recovery from the accident.

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Answered on 9/17/08, 10:17 am

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