I've Been Injured In A Car Crash. What Compensation Am I Entitled To Under Minnesota Law?
Generally, there are three forms of compensation that follow an injury – “special” damages, “general” damages and "punitive"damages.
Special damages arise when actual economic loss is incurred as the result of an injury. This includes things like lost wages, medical expenses, payments made for replacement services, and other tangibles. For example, you may regularly miss an hour of work to treat with a physical therapist, incur the cost of prescriptions or co-payments, or need someone else to shovel your sidewalk. You have the right to compensation for all of your out of pocket expenses following the accident.
General damages compensate victims of an injury for non-economic damages loss. General damages are awarded for pain, suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Those who have been severely injured have lost something, and law provides for reasonable compensation for those things that cannot necessarily be measured, but are very real to the injury survivor.
Punitive damages may also be recovered if you can demonstrate that the other driver exercised reckless disregard for the rights and safety of others. Punitive damages are paid for the purpose of penalizing the acts of another, rather than compensating an injury victim for direct loss. Drunk driving is the most common basis for an award of punitive damages.
