Attorneys Robert, David and James Cody

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3 ways Minnesota’s comparative fault law can affect your accident claim

On Behalf of | Aug 21, 2024 | Car Crashes |

Minnesota follows a modified comparative fault law, which plays a significant role in determining the outcome of motor vehicle accident claims. Understanding how this law works can help you know exactly what to expect when filing a claim. 

In particular, there are three key ways Minnesota’s comparative fault law can affect your accident claim.

1. Reduction in compensation based on fault percentage

Under Minnesota’s comparative fault law, the amount of compensation a person can receive after an accident depends on their degree of fault. The court assigns each party a percentage of responsibility for the accident. If an individual holds any percentage of fault, their compensation will decrease by that percentage. For example, if a person is 20% at fault for an accident and the total damages amount to $100,000, they can only receive $80,000 in compensation.

2. Barred recovery if more than 50% at fault

Minnesota’s comparative fault law also includes a 50% rule. If a person’s fault for the accident exceeds 50%, they will not recover any compensation. This rule means that individuals cannot recover damages if their actions contributed more to the accident than those of the other party.

3. Increased complexity in determining fault

Minnesota’s comparative fault law can make accident claims more complex. Determining fault is not always straightforward. Multiple parties, conflicting evidence or differing accounts can complicate the process. If you are pursuing a car accident claim, be sure to gather solid evidence to support your version of events. Police reports, witness statements and photos can all help establish fault and protect your right to compensation.

Minnesota’s comparative fault law can make it difficult or impossible to secure the compensation you deserve after an accident. Understanding how this law works will help you prepare your claim accordingly. 

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