What are the filing deadlines for Personal Injury cases?
Determining the statute of limitations can be complicated. If you do not file your claim within the applicable deadline, you can lose your right to pursue your case. Our Personal Injury attorneys can help determine the correct statute of limitations that apply to your injury and make sure you do not miss any important deadlines.
It costs nothing to get answers to your questions –
Minnesota’s statute of limitations, the legal time frame within which a lawsuit must be filed, varies based on the type of claim. For most types of Personal Injury accidents involving negligence, including automobile, bicycle, boating, bus, construction site, dog bites, motorcycle, pedestrian, and semi-tractor trailer accidents, the legal action must commence within six years from the date of the injury, according to Minn. Stat § 541.05, Subd. 1(5).
However, certain exceptions apply. Wrongful death claims must be initiated within three years, per Minn Stat. § 573.02, Subd. 1, while product liability cases require a notice within six months following the start of the attorney-client relationship, as specified by Minn. Stat. § 604.04.
Medical malpractice cases have a four-year deadline from when the cause of action accrued, according to Minn. Stat. § 541.076, but if it results in death, the time limit is three years from the date of death, and not more than four years from when the cause of action started.
Liquor liability or dram shop claims must be filed within two years after the injury. Notice must be served within 240 days of entering into an attorney client relationship, according to Minn. Stat. § 340A.802, Subd. 2.
For intentional torts such as assault or battery, the statute of limitations is two years, per Minn. Stat. § 541.07. However, for minors, the time frame extends to one year after reaching adulthood, except in medical negligence cases where there’s a four-year statute of limitations plus a seven-year tolling provision, according to Minn. Stat. § 541.15(a)(1).
Notably, there are exceptions to the statutes of limitations. For example, if the injured party was under 18 at the time of the accident, they have until age 19 to initiate litigation, regardless of whether the normal statute of limitations would have expired before they reached 19. In cases of alleged malpractice against a health care provider, the period of limitation is suspended during disability, not exceeding seven years or more than one year after the disability ceases.
