Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress or pain and suffering. The term personal injury is also used to refer to a broad category of legal claims involving personal injuries or death.
Claims for personal injuries are generally known as torts—wrongful acts that are done intentionally or negligently, or for which there is liability without proving negligence (strict liability).
Personal injury claims are primarily a matter of state law and may be compensated by the court system if the injured person—also known as the claimant, or the plaintiff if a lawsuit is filed—can prove liability (another person or entity caused the personal injury) and damages (medical expenses, permanent disability, death).
In Minnesota, personal injury law encompasses harm to an individual's body, mind, or emotional well-being. These claims fall under the category of tort law, which addresses wrongful acts that may be intentional, negligent, or subject to strict liability (where fault is presumed regardless of negligence). To succeed in a personal injury claim in Minnesota, the injured party (claimant or plaintiff) must demonstrate that another party is liable for their injuries and that they have suffered damages as a result. Damages can include medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. Minnesota operates under a modified comparative negligence rule, which means that a claimant's compensation may be reduced by their percentage of fault in causing the injury, provided their fault is not greater than 50%. If the claimant is found to be 51% or more at fault, they cannot recover damages. Personal injury claims in Minnesota are subject to a statute of limitations, which is generally two years for most personal injury cases, but this can vary depending on the specific circumstances of the case.