Legal Question in Personal Injury in Minnesota

I have been injured in an accident (05/25/09) that was not my fault because I was cut off by another driver. I am still experiencing symptoms of headaches and just recently numbness down my neck and into my left arm. I do have representation but was told that I can only sue for the amount the coverage that the other individual had on his policy $100,000.00. I was wondering how is it then that when some people are injured in accidents, they are awarded millions of dollars for their injuries? I told my Attorney that I wanted to be awarded $250,000.00, but he told me I can't get that much? I don't understand why I am limited to only $100,000.00. I am 38 years old, my 2006 Minivan was totalled out and results of an MRI show a herniated disck in my neck. I have undergone a year now of physical therapy, I take ibuprofen 4 times a day 3 pills at a time, I have had a cortizone injection in my neck, and I am on a medroldose steroid pack and lidocane. Can I sue this guy civily, to ensure that my future medical bills will be covered? Thank you.


Asked on 7/03/10, 3:48 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The policy limit applies only to the amount the other driver's insurer will pay, not to the amount of a judgment against the other driver. It does not limit the amount you can seek in your lawsuit. If you go to trial and win a judgment of $1 million, the insurer will pay you $100,000 of it and you will have to try to get the rest from the driver. He may or may not have the means to pay that much, and you may have to invest a great deal of time, money and effort into your attempts to collect. You also run the risk that he will go bankrupt and thereby wipe out the remainder of the judgment.

If the driver has limited assets, it probably makes sense to settle for his policy limits even if that is not enough to cover your loss. Going to trial will be expensive because you will need to hire expert witnesses and go through costly discovery. You are better off not incurring those expenses if you aren't going to get more money in the end.

Bear in mind that most of the large personal injury judgments you refer to include compensation for very serious injuries (often much more serious than yours), as well as lost earnings, medical bills and pain and suffering. If the plaintiff is a 30-year old neurosurgeon whose injuries leave her unable to work at all, her lost earnings alone would be many millions of dollars.

Your question does not suggest that you have lost any income, much less decades' worth in a very high-paying career. Your medical bills and your pain and suffering may or may not be worth the $250,000 you seek, but you have to look at what you can reasonably expect to get along with what you think you deserve.

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Answered on 7/03/10, 7:21 pm


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