Knowing the statute of limitations is essential because missing it can mean losing the right to sue for damages and compensation. Our experienced attorneys are here to help you understand how these laws apply to your case. Contact us online for a free consultation.
How the Statute of Limitations Works for Personal Injury Cases in Minnesota
You can think of the statute of limitations as the time limit you have to file a lawsuit. All civil and criminal cases have statutes of limitations, and you must file your legal claim within the statute of limitations for your lawsuit to be valid. These legal deadlines can vary by location and injury type, so knowing your specific time limit is crucial.
If you’ve been injured and wait too long to file your claim, the statute of limitations could expire, and you could lose your chance to file a personal injury lawsuit to collect compensation for your injuries.
Different time limits apply to various injury claims depending on the type of case and nature of your injury. Claims with different Minnesota statutes of limitations include:
- Medical malpractice: Four years from the action that caused your injury.
- Wrongful death: Three years from the date of death. If suing a health care provider for negligence or malpractice resulting in a wrongful death, filing must happen within four years of the provider’s action.
- Car accidents: Six years from the date of your accident.
- Sexual assault: Six years from the incident if the victim is 18 or older. If the defendant was under 14, the action must commence before their 24th birthday.
- Product liability: Four years from the product’s manufacture, sale, or use.
Identifying the correct statute of limitations for your case can be challenging and confusing, especially when special exceptions apply.
Exceptions to the Minnesota Statute of Limitations
Minnesota may extend the personal injury statute of limitations in select circumstances. Potential exceptions happen in the following circumstances:
The "Some Damage" Rule
Many states have a discovery rule exception that starts the statute of limitations timeline only after the plaintiff discovers their injury. Minnesota uses a version of this exception called the “some damage” rule.
Under this rule, the statute of limitations begins to run the moment a measurable harm occurs that can be connected to the defendant’s actions. Pinpointing this moment can be extremely challenging and requires an attorney with expertise in Minnesota law to help ensure your case for compensation and damages can move forward.
Absence of the Defendants
When filing a lawsuit, you must officially notify the other party that they are being sued. If the person you’re suing leaves the state, it may be difficult to officially notify them of your lawsuit.
One exception to Minnesota’s statutes of limitations ensures that the defendant’s time spent absent from the state does not count toward calculating the deadline to file your case. This means the deadline to sue is paused while the defendant is gone, but once they return, the time limit starts to run again.
To qualify for this exception, you must prove that you tried to reach and notify the defendant. Approval is not automatic.
Plaintiff Incapacity or Minor Age
The statute of limitations can also be paused if the plaintiff is under 18 or has a mental illness or disability. If this disability exception applies, you must file the lawsuit within one year after you turn 18 or, if the pause was due to an illness or some other disability, within one year after you recover.
Additionally, the time to file a lawsuit will be paused if you had a mental illness or were under 18 when you were injured, but the pause cannot last longer than five years in most cases and seven years if your case is based on medical malpractice.
Fraudulent Concealment
Fraudulent concealment is when the defendant intentionally hides their role in causing your injuries to prevent you from filing a lawsuit. The law gives you more time to file if you can show that the defendant purposely kept the truth of their actions hidden. For this exception, the court can adjust the statute of limitations deadline and subtract any time lost due to the defendant’s concealment.
All exceptions require gathering evidence and presenting it to the court for approval. If you have a claim, it’s essential to consult with an attorney as early as possible so you can explore your options and avoid missing the deadline in your case.
What Happens If You Miss the Filing Deadline?
Delays can be costly in injury cases. If you fail to file a claim within the statute of limitations for your case, you might be permanently prevented from ever seeking compensation in a lawsuit.
Our skilled legal team can help you file your injury case with enough time to gather the evidence you need for a strong case. Evidence is essential to proving liability in an injury case. The longer you wait, the higher your chances that key documents, video files, and photos will go missing or witness memories will fade.
Talk With a Brown & Crouppen Attorney About Your Case Today
When you’ve suffered an injury due to someone else’s negligence, you need an experienced lawyer on your side. The trusted team at Brown & Crouppen Law Firm is here to help with our extensive network of more than 250 attorneys.
How We Work
Our award-winning attorneys understand the statute of limitations for personal injury in Minnesota and the many factors and exceptions involved. If you choose to work with us, one of our experienced and knowledgeable personal injury attorneys will listen to your story, investigate the incident, gather strong evidence, identify any liable parties, and fight to ensure you get the compensation you deserve.
At Brown & Crouppen, we’re committed to delivering justice with dignity and compassion. We have consistently championed the cause of justice for injured Midwesterners, and we are honored that many of these clients continue to refer their loved ones to us.
Our Philosophy and Commitment
As a team, we believe everyone deserves the right to skilled representation. Since 1979, we have helped thousands of clients and secured more than $1 billion in life-changing case results and settlements, and we would be proud to fight for you as well.
Don't Wait—Reach Out Today
The experienced Minnesota attorneys at Brown & Crouppen Law Firm are here to help you navigate the complex statute of limitations laws. Don’t let the deadline bar your recovery. Call 800-536-4357 or contact us online for a free consultation.
There are no upfront costs or legal fees—we only get paid if you win.
