Minnesota Statute of Limitations for Personal Injury Claims

Key Takeaways

• In most cases, you have six years from the date of an injury to file a personal injury claim against the negligent party.
• If you miss this deadline, any claim for compensation will likely be forever lost.
• Some less common forms of negligence or misconduct are subject to a different statute of limitations.

What Is the Statute of Limitations for Personal Injury Claims in Minnesota?

Minnesota law generally gives injury victims six years to seek compensation, as per ​​Minn. Stat. §541.05, Subd. 1. This is the standard time limit for most injuries, including those caused by:

• Auto accidents
• Bicycle and pedestrian accidents
• Slip and fall accidents
• Dog bites

Essentially, any type of accident not explicitly covered by another statute is subject to the six-year timeline. However, there are some cases where a different statute of limitations applies. Let’s take a look at the most common.

Willful Misconduct

If someone injured you through intentional misconduct, such as assault, battery, or slander, the statute of limitations is two years. See Minn. Stat. § 541.07.

Wrongful Death

If a family member has passed away as a result of someone else’s negligence or misconduct, you have three years from the date of their death and six years from the date of their injury to file a wrongful death claim. There is no statute of limitations if the victim was murdered. See Minn Stat. § 573.02, Subd. 1.

Workplace Injury

For workers' compensation, you have three years to file a claim from the date your employer filed a written report of the injury. If your employer did not file a report, you have six years from the date of the injury to file a claim. See Minn Stat. § 176.151.

Medical Malpractice

If you’ve suffered an injury because of medical malpractice, you have four years from the date of the alleged malpractice to file a lawsuit. See Minn. Stat. § 541.076.

Product Liability

Claims for injury from a defective or dangerous product have a staggered four-year or six-year statute of limitations from the date of the injury. See Minn. Stat. §541.05, Subd. 2.

Government Tort

Minnesota law requires that a notice of claim be presented within 180 days after the alleged loss or injury is discovered when a personal injury claim involves a state or local government entity. If the claim is for a wrongful death, you have one year from the date of the injury or loss resulting in death. See Minn. Stat. § 3.736 Subd. 5.

Exceptions and Special Circumstances

Minnesota law provides certain exceptions that can extend or modify the statute of limitations.

• Minors: In most circumstances, if the injury victim is under 18, the statute of limitations will extend until they reach adulthood. After that, they have one year to file a claim (i.e., before their 19th birthday).
• Mental incapacity: If the victim is legally incapacitated (e.g., in a coma), the statute may be paused until the incapacity is lifted. This exception cannot extend beyond five years, and the claim must be filed within one year of the incapacity being lifted.
• Defendant's absence: If the at-fault party leaves the state or can’t be located, the statute of limitations may be paused until they can be served with legal papers.
• Fraudulent concealment: If the defendant has fraudulently concealed their negligence or wrongdoing, the statute of limitations may be extended after the injury is discovered or reasonably should have been discovered.

What If You Miss the Filing Deadline?

If you miss the deadline for Minnesota’s statute of limitations for personal injury, a Minnesota court will almost certainly dismiss your case. This will bar you from seeking compensation for your injuries or loss.

The golden rule for when to file for a personal injury claim is “as soon as possible.” The sooner your attorney can get to work, the easier it will be for them to gather evidence and build a strong case on your behalf. That way, you can prove your claims and possibly negotiate a higher recovery.

But if you miss your window altogether, it won’t matter how strong your case could have been. You may not be able to file a lawsuit at all. To protect your rights and preserve your future, consult a Minnesota attorney ASAP to learn what steps to take next.

Don’t Wait Until It’s Too Late!

The costs resulting from an injury can skyrocket quickly. You need to know you’ll have the financial support to keep your life on track. If you wait too long, you could miss the chance to get the full amount you’re entitled to under Minnesota law.

For more than 70 years, SiebenCarey has helped thousands of Minnesotans win fair compensation after an injury. SiebenCarey will give you the full benefit of the following:

• Decades of experience in Minnesota personal injury law
• A proven record of success in settlement negotiations and civil trials
• A team of award-winning attorneys, many of who have earned peer selection to “Super Lawyers™” or “Best Lawyers in America™”
• Comprehensive resources, including on-staff paralegals and legal investigators
• The “Know Your Rights” commitment to clear communication and personal care

Again, there are exceptions to the statute of limitations. Before you decide it’s too late to take legal action after an injury, contact a SiebenCarey “Know Your Rights” attorney. The consultation is free, and the peace of mind of knowing the facts is priceless!