Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Minnesota law, you generally have two years from the date of your accident to file a personal injury lawsuit. According to Minn. Stat. § 541.07, subd. 5 (https://www.revisor.mn.gov/statutes/cite/541.07), you must initiate your action in district court within this period. Missing this deadline usually prevents you from pursuing compensation.
Certain situations can extend or pause (“toll”) the deadline. For example, if the injured person is under 18 or lacks legal capacity, Minn. Stat. § 541.08 (https://www.revisor.mn.gov/statutes/cite/541.08) states the limitation period does not run until the disability ends. A minor therefore typically has two years after turning 18 to file suit.
If a state or local government entity may be liable, you must first submit a written notice of claim within 180 days of the injury under Minn. Stat. § 466.05 (https://www.revisor.mn.gov/statutes/cite/466.05). After the claim is denied or six months pass, you then have two years from the injury date to file a lawsuit.
Medical malpractice claims follow a separate timeline. You generally have four years from the date of the injury or one year from when you discovered (or reasonably should have discovered) the harm, whichever comes first. See Minn. Stat. § 145.682 (https://www.revisor.mn.gov/statutes/cite/145.682) for details.
Because deadlines vary by circumstance, track your timelines carefully and consider consulting an attorney well before your deadline approaches.
Helpful Hints
- Mark your calendar two years from the accident date to track the general deadline.
- Identify any special rules that might extend or toll the deadline, such as minority or incapacity.
- If a government entity is involved, file your notice of claim within 180 days.
- Gather evidence, medical records, and witness information promptly.
- Consult an attorney early to confirm deadlines and preserve your rights.