When carelessness or reckless behavior causes serious injury, you
deserve an attorney who will fight for full and fair compensation. Birkholz
Law represents injury victims throughout Southern Minnesota.
Personal injury law exists to protect people who have been harmed by the negligence, recklessness or intentional wrongdoing of others. When you suffer a serious injury, the consequences extend far beyond physical pain. Medical bills mount, lost wages create financial pressure and the emotional toll on you and your family can be overwhelming. You should not have to bear these burdens alone when someone else is responsible.
At Birkholz Law, we represent injury victims in Southern Minnesota who are dealing with the aftermath of accidents, medical negligence, defective products and other preventable incidents. Our attorneys understand that every injury case is unique, and we take the time to understand the full impact of your injuries on your life, your family and your future before pursuing compensation on your behalf.
We handle personal injury matters on a co-counsel or joint representation basis with experienced personal injury trial attorneys when appropriate, ensuring that our clients receive the specialized expertise their cases demand. This collaborative approach allows us to combine our experience with Southern Minnesota courts and communities with the resources and trial experience needed to take on insurance companies and large corporate defendants.
Minnesota personal injury claims are governed by a two-year statute of limitations under Minn. Stat. § 541.07, meaning you generally have two years from the date of your injury to file a lawsuit. Waiting too long can permanently bar your claim, so it is important to consult with an attorney as soon as possible after an injury.
Minnesota’s two-year statute of limitations means time is critical. Evidence disappears, witnesses forget and deadlines pass.
Minnesota follows a modified comparative fault system under Minn. Stat. § 604.01. You can recover compensation as long as your fault doesn’t exceed 50%. Your recovery is reduced by your percentage of fault.
Minnesota’s no-fault system means your own PIP coverage pays initial medical bills and wage loss regardless of fault. You can pursue a third-party claim if medical expenses exceed $4,000 or you suffer permanent injury.
Under Minn. Stat. § 541.07, you generally have two years from the date of injury to file a lawsuit. For minors, the clock doesn’t start until they turn 18. Missing the deadline permanently bars your claim.
Minnesota applies strict liability in certain cases, including dog bites (Minn. Stat. § 347.22) and defective products. The defendant is responsible regardless of whether they were negligent.
Minnesota law allows recovery of economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life).
Under Minn. Stat. § 604.02, if multiple parties are responsible for your injury, a party found more than 50% at fault can be held jointly and severally liable for the entire amount of damages.
Here are some real-world examples of how personal injury cases unfold and why having an
attorney matters.
A teacher in Mankato is stopped at a red light when she’s rear-ended by a distracted driver going 45 mph. The insurance company calls within 48 hours offering $5,000 to settle.
Key Takeaway: Insurance companies make quick, low offers because they know most injuries don’t fully manifest for days or weeks. Once you accept a settlement, you cannot go back for more money. An attorney ensures you wait until you know the full extent of your injuries before settling.
A farmhand in Blue Earth County loses three fingers when a grain auger malfunctions. His employer tells him workers’ compensation will cover everything.
Key Takeaway: Workers’ comp doesn’t cover pain and suffering. If the injury was caused by defective equipment, you may have a separate product liability claim against the manufacturer that could provide significantly more compensation.
A 7-year-old boy in North Mankato is attacked by a neighbor’s dog while playing in the front yard. The neighbor claims the child provoked the animal.
Key Takeaway: Under Minn. Stat. § 347.22, dog owners are strictly liable for injuries their dog causes, regardless of prior behavior. The ‘one free bite’ rule does not apply in Minnesota. Claims are typically covered by homeowner’s insurance.
A retired woman slips on an icy sidewalk outside a grocery store in Mankato and breaks her hip. The store manager implies she should have been more careful.
Key Takeaway: Property owners have a legal duty to maintain reasonably safe premises. Salting once doesn’t mean they fulfilled their duty if conditions changed. Document the scene immediately — evidence can literally melt away.
Right to medical treatment — You have the right to choose your own doctors and receive treatment for your injuries.
Right to refuse recorded statements — You are not required to give a recorded statement to the other party’s insurance company.
Right to full compensation — Minnesota law entitles injury victims to recover economic and non-economic damages.
Right to legal representation — You have the right to hire an attorney at any point in the process.
Right to file a lawsuit — If the insurance company refuses to offer fair compensation, you have the right to file a lawsuit.
Right to privacy — Your medical records are protected by law. The insurance company is only entitled to records related to your injury.
Our attorneys represent injury victims across a wide range of case types in Southern
Minnesota.
Catastrophic injuries including traumatic brain injuries, spinal cord injuries, amputations and severe burns that result in permanent disability or life-altering consequences.
When negligence or wrongful acts cause the death of a loved one, surviving family members may be entitled to compensation for their loss under Minnesota Statutes Section 573.02.
Minnesota’s no-fault auto insurance system creates unique challenges for injury victims. We help you navigate the process and pursue full compensation.
Motorcycle riders face disproportionate risk on the road and unique legal challenges. Our attorneys fight the bias against riders and pursue maximum compensation.
Agricultural injuries from equipment defects, grain bin accidents, chemical exposure and other farm hazards.
Minnesota’s strict liability dog bite statute holds dog owners responsible for injuries their animals cause, regardless of prior behavior.
Property owners have a legal duty to maintain safe premises. When dangerous conditions cause injuries, we hold negligent property owners accountable.
Insurance companies are businesses focused on minimizing payouts. Even when liability is clear, adjusters use recorded statements, surveillance and delay tactics to reduce your claim.
We work on a contingency fee basis. You pay nothing upfront and no attorney fees unless we recover compensation for you.
What seems like a minor injury can develop into a chronic condition. An attorney can help you understand the full value of your claim before you settle for less than you deserve.
The vast majority of personal injury cases settle before trial. Filing a lawsuit is often a strategic move that strengthens your negotiating position.
Minnesota’s statute of limitations is two years. But evidence disappears quickly — surveillance footage is overwritten, witnesses forget details and conditions change.
Minnesota’s comparative fault system allows recovery as long as your fault doesn’t exceed 50%. Insurance companies often try to exaggerate your fault to reduce their payout.
In Minnesota, you generally have two years from the date of injury to file a personal injury lawsuit under Minn. Stat. § 541.07. However, certain exceptions may shorten or extend this deadline. For example, claims against a government entity require a 180-day notice period. Because evidence can disappear quickly and deadlines are strict, we recommend contacting an attorney as soon as possible after your injury.
The timeline varies significantly. Simple cases with clear liability and moderate injuries may resolve in 3-6 months. Complex cases involving serious injuries, disputed liability or multiple parties can take 1-3 years. We always advise clients to reach maximum medical improvement before settling.
Seek medical attention even if you feel fine. Report the incident and get a copy of the report. Document the scene with photos. Get contact information from witnesses. Do not give recorded statements to insurance companies. Contact Birkholz Law for an appointment before speaking with any insurance adjuster.
Do not accept any settlement offer without consulting an attorney. Insurance companies make early offers because they know the claim is worth more than what they’re offering. Once you accept, you sign a release giving up all future claims related to the injury.
Yes. Under Minnesota’s modified comparative fault law (Minn. Stat. § 604.01), you can recover compensation as long as you were not more than 50% at fault. Your recovery is reduced by your percentage of fault.
The vast majority of personal injury cases settle without going to trial. However, being willing to go to trial is what gives your case its full value. Insurance companies know which attorneys are willing to take cases to trial.
Minnesota requires all drivers to carry Personal Injury Protection (PIP) coverage, which pays your medical bills and wage loss benefits regardless of who caused the accident. You can step outside the no-fault system if your medical expenses exceed $4,000, or if you suffer permanent injury, disfigurement or disability lasting 60 days or more.
We handle personal injury cases on a contingency fee basis, which means you pay nothing upfront and no attorney fees unless we recover compensation for you. If we don’t win, you owe us nothing.
Time is critical in personal injury cases. Evidence disappears,
witnesses forget and the statute of limitations is running. Contact
Birkholz Law today to learn about your options.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
Albert Lea · Austin · Blue Earth · Faribault · Fairmont · Jackson · Lake Crystal · Luverne · Mankato · Marshall · New Ulm · North Mankato · Northfield · Owatonna · Pipestone · Redwood Falls · St. James · St. Peter · Waseca · Windom · Worthington
Copyright 2026 Birkholz & Associates | Privacy Policy | Minneapolis Web Design
