Personal Injury Deposition in Minnesota
A deposition is sworn out-of-court testimony taken during the discovery phase of yourMinnesota personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$15,000 – $65,000
Avg Settlement
2 years
Filing Deadline
Deposition Tips for Minnesota Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (51% bar), any admission of fault can reduce or eliminate your recovery.
Minnesota Law Overview
Minnesota operates under a no-fault auto insurance system with relatively high PIP minimums of $40,000 per accident. Tort lawsuits for auto accident injuries require meeting a serious injury threshold. Beyond auto accidents, Minnesota's general personal injury system uses modified comparative fault with a 51% bar. The statute of limitations is 2 years. Minnesota courts see a high volume of slip-and-fall cases arising from icy winter conditions, as well as construction accident litigation. The Minnesota Dram Shop Act creates liability for licensed vendors who sell alcohol to visibly intoxicated persons who subsequently cause injury. Minnesota has no general cap on compensatory damages for most personal injury cases. Medical malpractice claims require a affidavit of expert review at filing under Minn. Stat. § 145.682. Workers' compensation in Minnesota provides no-fault benefits for work injuries, administered by the Department of Labor and Industry. Punitive damages require a separate motion and court approval before the jury may consider them.