What Is the Personal Injury Statute of Limitations in Minnesota?
- In most cases, you have six years from the date of an accident to file a personal injury lawsuit in Minnesota.
- If you miss the filing deadline set by the statute of limitations, your case will most likely be dismissed in court.
- Though there are limited exceptions to the Minnesota personal injury statute of limitations, you should consult with an experienced attorney before relying on them.
If you were injured by another person at little to no fault of your own, you are entitled to pursue compensation by filing a personal injury claim. However, you must file your claim before the Minnesota personal injury statute of limitations passes. Failure to do so normally results in your case being dismissed in court.
The personal injury lawyers at Sieben Polk P.A. are standing by to help. We offer free, no-obligation consultations. Call (651) 437-3148 or reach out online to learn more about the statute of limitations governing your claim.
Statute of Limitations for Minnesota Personal Injury Claims
Again, if you’re thinking of pursuing a personal injury claim, it is crucial that you file your case before the statute of limitations passes. Though you have six years to file in most cases, the deadline can vary based on your claim type. For example, the deadline is:
- Six years from the date of the harm if someone else’s negligence caused your injury.
- Three years from the date of death if you are pursuing a wrongful death claim after a loved one passed away.
- Four years from the date of the harm if you were a victim of medical malpractice or a defective product.
Discovery Rule
In some cases, the “discovery rule” can pause the countdown until the time you discover or should have discovered your injury, giving you more time to file a claim. The discovery rule often comes into play in medical malpractice and product liability cases involving latent injuries.
Other Factors Influencing the Statute of Limitations
The discovery rule is not the only potential exception to the strict deadline set by the Minnesota statute of limitations. Other exceptions may exist in cases involving:
- Minor Plaintiffs – The countdown starts on their eighteenth birthday.
- Mental Incapacity – The countdown starts when the plaintiff’s incapacity ceases.
- Out-of-State Defendants – The countdown is paused while the defendant is outside of Minnesota.
Why Does the Statute of Limitations Matter?
Courts are strict in enforcing the statute of limitations in Minnesota. If you miss the correct deadline, you will most likely lose your chance to pursue compensation in court. This will also destroy your bargaining power in out-of-settlement negotiations when the at-fault party and their insurers realize you can no longer sue.
Don’t take a chance on missing the deadline. Our Minnesota personal injury lawyers are standing by to build a strong case on your behalf and make sure you do not miss the all-important deadline.
What Are My Options if I Miss the Deadline to File My Personal Injury Claim?
If you miss the regular deadline to file your personal injury claim in Minnesota, you should still have an experienced Minnesota personal injury attorney review your case. If an exception applies, you may still be able to file. Further, though the deadline governing certain claim types may have passed, you might still have another viable cause of action.
Our Minnesota Personal Injury Attorneys Are Here to Help
In sum, you only have a limited time to file a personal injury claim. The sooner you reach out to an attorney, the better. This will give them plenty of time to investigate your accident, build a strong case, and make sure it is filed before the governing deadline passes.
Do not wait to take legal action. Contact our Minnesota personal injury attorneys today to schedule your free consultation. Because we work on a contingency fee basis, you pay nothing unless we win your case.
Sources
2023 Minnesota Statutes Section 541.05. “Various Cases, 6 Years.” Office of the Revisor of Statutes, Accessed 22 Feb. 2024
2023 Minnesota Statutes Section 541.07. “Two- or Three-Year Limitations.” Office of the Revisor of Statutes, Accessed 28 Feb. 2024
2023 Minnesota Statutes Section 573.02. “Action for Death by Wrongful Act; Survival of Actions.” Office of the Revisor of Statutes, Accessed 28 Feb. 2024
2023 Minnesota Statutes Section 541.076. “Health Care Provider Actions.” Office of the Revisor of Statutes, Accessed 28 Feb. 2024
