Spring is finally here, and although you’ll have to keep an eye out for potholes, it’s almost time to uncover your two-wheel beauty for the season. If you’re like a lot of riders in the Twin Cities, you’ve already had your bike out for a spin, but it’s important to remember that motorcycle riding comes with increased responsibility. A split second decision or a moment of inattentiveness can lead to major injury while on a motorcycle.
Going off that thought, I figured now would be a good time to answer a question that a motorcycle enthusiast posed to me a while back. He said, “Paul, how long do I have after a motorcycle accident to file an injury claim?”
The standard statute of limitations in Minnesota for personal injury cases is six years, meaning a person has six years from the date of the accident to file a claim. Obviously the sooner the better, as your recollection of the events will be clearer and it will be easier to collect information and witness testimony from the involved parties. That said, sometimes a person isn’t aware that they suffered an injury until days, months or even years down the road. This is especially true if a person suffers a head injury like a concussion that causes memory loss or headaches later in life.
There are two exceptions to the statute of limitations law. They are:
- Any personal injury case involving a death has a statute of limitations of only two years; and
- In any case involving dram shop liability, the party has 180 days to serve the over-serving establishment with a violation.
It’s important to remember that filing a personal injury suit and reporting an accident are two different things. In Minnesota you are required by law to report an accident with injury or greater than $1,000 in damage within 10 days or you may be criminally liable. As is so often the case, a personal injury attorney can help make sure you file all the correct documents so you can seek the damages you are entitled to receive.
The daughter of a school administrator in Florida cost her father $80,000 by blabbing about his recent personal injury case victory on Facebook.
Patrick Snay, 69, won $80,000 in reparations from a 2011 age discrimination suit against his former school, Gulliver Prepatory School. The presiding judge awarded Snay $10,000 in back pay, $60,000 for his attorney and $80,000 to keep, but it all went down the drain when his daughter got a little too chatty on the social media site.
According to case details, Dana Snay posted a message on Facebook saying, “Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT.”
Not surprisingly, the message circulated quickly among Dana’s 1,200 Facebook friends, many of who are current and former Gulliver students. Eventually the message was seen by a Gulliver representative, who brought the post to the attention of the court on the grounds that it violated the confidentiality agreement. The Third District Court of Appeal agreed with the school district and threw out the previous ruling.
Judge Linda Ann Wells offered little sympathy to the Snay’s pleas.
“His daughter…did precisely what the confidentiality agreement was designed to prevent.”
Paul Edlund comments
This case ultimately has to do with confidential agreements. When two parties come to an agreement that involves a confidentiality clause, one party is essentially paying the other party to keep their mouth shut about the matter and not air their dirty laundry, so to speak.
These confidentiality agreements are very serious matters. When a party breaks such an agreement, they are left with no real legal recourse.
Related source: NY Daily News