What are my rights?
Personal Injuries
- Frequently Asked Questions- What is "negligence"?
- What if I can’t prove someone’s negligence caused my injury?
- What if a person dies before bringing a personal injury lawsuit?
- Is it always necessary to file a lawsuit?
- Are there alternatives to going to court?
What is "negligence"?
The critical issue in many personal injury cases is just how a “reasonable person" was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like an "ordinary reasonable person" would have acted. The determination of whether a given person has met the "ordinary reasonable person" standard is often a matter that is resolved by a jury after a presentation of evidence and arguments at trial.What if I can’t prove someone’s negligence caused my injury? Is there any other basis for personal injury liability besides negligence?
Yes. Some persons or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful intent. For instance, a person injured by a defective or unexpectedly dangerous product may recover compensation from the maker or seller of the product without showing that the manufacturer or seller was actually negligent. Also, persons or companies engaged in using explosives, storing dangerous substances, or keeping dangerous animals can be strictly liable for harm caused to others as a result of such activities.What if a person dies before bringing a personal injury lawsuit?
It depends on whether the person died as a result of injuries from the accident or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person's heirs may recover money through a lawsuit known as a wrongful death action. However, if a person with a personal injury claim dies from unrelated causes, cancer for example, the personal injury claim dies with him/her. However, a trustee can be appointed to recover “special damages” (i.e. medical bills) on behalf of the deceased, assuming that the deceased could have maintained a valid claim had he/she lived.Is it always necessary to file a lawsuit?
Many cases are resolved without initiating a lawsuit. However, even in those circumstances where lawsuits are started; most cases resolve themselves short of a trial. It is always important to be represented by an experienced trial attorney in the event a settlement cannot be achieved.Are there alternatives to going to court?
Yes, most cases are resolved through negotiation, mediation, or binding arbitration.Return to the top
Contact Minnesota-based Sieben, Grose, Von Holtum & Carey to speak with one of our personal injury attorneys.
