An Overview of Pain and Suffering Claims in Minnesota and Wisconsin

If you've sustained injuries in an accident caused by another party's negligence, you might contemplate initiating a personal injury claim to seek compensation. It’s important to know your rights. The claim can encompass medical treatment costs related to the incident, and you may also be eligible for compensation for the "pain and suffering" endured, which extends beyond physical injuries to include emotional and mental distress.

Pain and Suffering Claims in Minnesota

To make a claim for pain and suffering against an at-fault driver or their insurance company in Minnesota,, the following must be true:

• The at-fault driver is at least 50% responsible for the accident. (If you are partially at-fault, your compensation will be reduced by your percentage of negligence.)
• You meet one or more of the following thresholds:
  • You have incurred more than $4,000 in medical expenses that are reasonable, necessary, and related to the accident (excluding charges for diagnostic studies such as X-rays, MRIs, or CT scans).
  • You have sustained a permanent injury.
  • You have sustained a 60-day disability (does not have to be consecutive).
  • You have sustained a permanent disfigurement.
  • You are presenting a claim on behalf of someone who has died.
• You must begin your lawsuit within the statute of limitations, which is six years from the date of the accident, unless you are under the age of 18. It is important to understand the process/timeline for a personal injury claim and what common things may delay it.

In Minnesota, the minimum amount of liability coverage that all vehicle owners must carry is $30,000 per person and $60,000 per accident. If you are presenting a claim against an individual, the lawsuit should only name that individual, not their insurance company. If the at-fault person has no insurance, you can bring a claim against your own insurance company, which is called an uninsured motorist claim.

Pain and Suffering Claims in Wisconsin

In Wisconsin, an injured person must meet the following requirements to present a pain and suffering claim:

• The at-fault driver is at least 50% responsible for the accident. (If you are partially at-fault, your compensation will be reduced by your percentage of negligence.)

• There are no thresholds regarding medical expenses or disability in order to present a pain and suffering claim.

• The statute of limitations is three years from the date of the accident, unless you are under the age of 18.

In Wisconsin, the minimum amount of liability coverage that all vehicle owners must carry is $25,000 per person and $50,000 per accident. To begin a lawsuit, you must name both the at-fault driver and their insurance company. If the at-fault driver has no insurance, you can claim for uninsured motorist benefits under your own policy.

Further Differences

One big difference between Minnesota and Wisconsin is that Minnesota law has a “No-Fault” system which mandates that the majority of people injured in an auto accident are entitled to personal injury protection (PIP) benefits–usually up to $20,000 for medical bills and a separate $20,000 for lost wages. Wisconsin does not require drivers to carry PIP coverage, and most policies that do carry this type of coverage only cover up to $10,000 for medical bills and nothing for lost wages. Wisconsin insurance companies can recover their payments from the at-fault driver and their insurance company. In Minnesota, PIP payments are not recoverable unless the accident was caused by a commercial vehicle.

The network of laws involved in pain and suffering cases can be challenging to navigate. Confusion often arises regarding the distinctions between states, especially considering the frequent travel of residents between neighboring states like Minnesota and Wisconsin It is important to contact an attorney who knows the laws in whichever state you were injured in.

Aaron Ferguson Law has attorneys who are licensed in both Minnesota and Wisconsin. If you or a loved one has been injured in either state, please call our office at 651-493-0426 to schedule a free consultation with one of our experienced personal injury attorneys.