Summary:
Minnesota’s comparative fault law allows injury victims to recover damages as long as their fault is not greater than 50 percent, and any award is reduced by their percentage of fault. In real cases, details such as speed, warnings, surface conditions, and distractions can shift fault percentages and dramatically change the value of a claim.
A rear-end collision at a stoplight. A slip on a wet floor while you are looking at your phone. A winter crash where everyone drove a little too fast for the conditions. Many Minnesota injury cases look like this, where more than one person could have done something different. When that happens, the law does not automatically eliminate your claim. Instead, it measures fault and adjusts your compensation.
How Comparative Fault Works Under Minnesota Law
Minnesota follows a modified comparative fault rule that comes from Minn. Stat. § 604.01. The statute says that contributory fault does not bar recovery as long as the person’s fault is “not greater than” the fault of the party they are suing. In practical terms, you may still recover if you are 50 percent or less at fault. If your percentage of fault is 51 percent or more, you recover nothing at trial.
The statute also requires the court to reduce your damages by your percentage of fault. If your total damages are valued at $100,000 and a jury finds you 30 percent at fault, your award becomes $70,000. The same rule applies whether the case involves a car crash, a premises claim, or another type of negligence case.
What Happens When You Are Partly To Blame
Comparative fault affects both liability and value. First, the defense will try to raise your percentage of fault above 50 percent, because that would bar any recovery. Second, every additional percentage point assigned to you reduces the final award.
Insurance companies use this rule during settlement talks. If they can argue you were significantly responsible, they will push for lower numbers. Statements you give, social media posts, and medical records often become tools to shift fault toward you.
Real-World Example Of Comparative Fault
You approach an intersection a little over the speed limit. Another driver runs a red light and hits you. A jury might find the other driver 80 percent at fault for running the light, and you 20 percent at fault for speeding. Your damages would be reduced by 20 percent, but you could still recover.
Conversely, if you’re texting or distracted at the time, that percentage could change to your disadvantage.
This highlights how fact-specific fault decisions are. Small details about timing, warnings, lighting, and your conduct can move your percentage up or down.
How A Lawyer Can Protect Your Comparative Fault Case
An attorney can evaluate how comparative fault applies to your situation, gather evidence that limits the percentage of fault assigned to you, and prepare you for statements, depositions, and trial. Effective work here can mean the difference between a full bar to recovery and a fair award that accounts for medical care, wage loss, and long-term effects.
If you have questions about comparative fault after an injury in Minnesota, contact Melchert Hubert Sjodin, PLLP at (952) 442-7700 to speak with an attorney about your case.
