Statute of Limitations for Personal Injury in Minnesota
Legal RuleIn Minnesota, the statute of limitations sets the deadline by which a personal injury lawsuit must be filed. Under Minnesota Statutes § 541.07, the general filing deadline for personal injury claims is two years from the date the injury occurred. This timeframe applies to most personal injury cases, including car accidents, slip and fall incidents, and general negligence claims.
There are several important exceptions to this general rule:
Discovery Rule: Minnesota generally follows the “discovery rule” in certain cases, particularly medical malpractice claims. Under this rule, the statute of limitations begins to run when the injury is discovered or reasonably should have been discovered. For medical malpractice claims, Minnesota Statutes § 145.682 requires that suits must be filed within four years of the malpractice occurrence or within two years from when the injury was discovered, whichever is sooner.
Minors: For claims involving minors, Minnesota Statutes § 541.07 provides that the statute of limitations is tolled (paused) until the minor reaches the age of 18. This means a minor has two years after turning 18 to file a personal injury lawsuit.
Claims Against Government Entities: Minnesota Statutes § 3.736 imposes a shorter deadline for claims against state or local government bodies. Generally, a written notice of claim must be filed within 180 days of the injury, and a lawsuit must be initiated within six months after notice rejection or expiration of the government’s response period. Failure to comply with these requirements may bar the claim entirely.
It is critical to note the differences in statutes for various claim types and defendants, as missing the applicable deadline can result in dismissal regardless of the claim’s merits.