This form is a sample personal injury complaint seeking damages as a result of defendant's employee striking plaintiff with shopping cart.
Minnesota Amended Complaint - Shopping Cart Injury
State:
Multi-State
Control #:
US-PI-0285
Format:
Word;
Rich Text
Instant download
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Description
How to fill out Amended Complaint - Shopping Cart Injury?
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FAQ
There is no cap on either compensatory or punitive damages in Minnesota.
The doctrine of last clear chance is abolished. Evidence of unreasonable failure to avoid aggravating an injury or to mitigate damages may be considered only in determining the damages to which the claimant is entitled. It may not be considered in determining the cause of an accident.
Defendant shall serve an answer within 21 days after service of the summons upon that defendant unless the court directs otherwise pursuant to Rule 4.043. A party served with a pleading stating a cross-claim against that party shall serve an answer thereto within 21 days after the service upon that party.
549.191 CLAIM FOR PUNITIVE DAMAGES. Upon commencement of a civil action, the complaint must not seek punitive damages. After filing the suit a party may make a motion to amend the pleadings to claim punitive damages.
Punitive damages are also called ?exemplary damages,? which are damages assessed in the legal process to punish a defendant for negligence. The defendant is usually a company or other large entity. Examples would medical malpractice cases or product liability cases.
(a) Punitive damages shall be allowed in civil actions only upon clear and convincing evidence that the acts of the defendant show deliberate disregard for the rights or safety of others. (2) deliberately proceeds to act with indifference to the high probability of injury to the rights or safety of others.
Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages. There are exceptions, though.
In Minnesota, as in other states, the statute of limitations vary for different types of crimes. For example, misdemeanors carry a three-year time limit, while the time limits for some felonies range from three to nine years.