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How Long Do You Have to File a Personal Injury Claim?

Just like every other state, Minnesota has a statute of limitations for personal injury claims. That means you have a limited time after being injured to file a lawsuit for compensation. If you don’t file your claim within the allotted time limit, you may lose your right to have your case heard in court.

So what is the statute of limitations for personal injury claims in Minnesota? That depends on the details of your case. Here’s the rundown.
 

The Statute of Limitations for Personal Injury Cases in Minnesota
Local or State Government Involved: Six Months


If your personal injury claim involves Minnesota’s state government or a local government (such as a city or county) in any way, notice requirements can be as short as 180 days. This time limit applies if your lawsuit is directed at any:

  • Government agency
  • Government employees
  • Government vehicles, such as a city bus or police car
  • Public property, such as an unsafe sidewalk, park, or playground

No-Fault Insurance Claims: As Soon As Possible

Minnesota is a no-fault state, meaning it requires all drivers to purchase no-fault Personal Injury Protection (PIP) as part of their auto insurance policy. PIP is designed to help cover any expenses resulting from a car accident, including:

  • Medical bills
  • Wage loss
  • Replacement costs for services you would normally perform, such as housekeeping, shopping, or preparing meals

In the event of a car accident, you need to report the no-fault claim to the auto carrier as soon as possible and you should consult with an attorney. If the expenses related to your injuries end up being higher than your PIP will cover, you can bring a lawsuit against an at-fault driver’s liability coverage — provided you weren’t the party at fault.

Intentional Misconduct: Two Years

If you were injured through someone else’s intentional misconduct, you generally have two years to file a personal injury claim. In this case, “intentional misconduct” can be either an act of violence or defamation, such as:

  • Assault
  • Battery
  • False imprisonment
  • Libel
  • Slander

Wrongful Death: Three Years

If a family member has passed away because of someone else’s negligence or misconduct, you have three years from the date of their death to file a wrongful death claim. Wrongful death can occur from any of the same dangers as lesser injuries, such as:

Medical Malpractice: Four Years

If you’ve suffered an injury because of medical malpractice, you usually have four years to file your suit. The most common forms of medical malpractice include:

  • Misdiagnosis
  • Failure to treat
  • Delayed treatment
  • Improper treatment
  • Surgical errors
  • Medication and prescription mistakes
  • Birth injuries
  • Misreading of imaging, test results, and other data
  • Premature discharge

However, in cases where the alleged medical malpractice involves an ongoing disability, the statute of limitations is extended to seven years — or one year after the disability ceases.

Injury Due to Negligence: Six Years

If you’ve been injured due to the negligence of a person or organization, you typically have six years after the injury to file a lawsuit against them. Injuries in this category may result from mishaps such as:

What If You Miss the Filing Deadline?


If you miss the deadline for Minnesota’s statute of limitations for personal injury, there’s a good chance the court will dismiss your case. However, there can be exceptions to this rule. Possible scenarios for that include:

  • The victim of the personal injury was under 18 at the time of the injury
  • The victim was legally insane at the time of the injury
  • The potential defendant moved out of Minnesota at some point after the injury, making it impossible to serve them with a lawsuit for a period of time

Even if the deadline has passed, an experienced personal injury attorney will be able to advise you on whether you still have a case.

Regardless, the golden rule for when to file for a personal injury claim is “as soon as possible.” Some personal injury claims can take time, and it’s best to file as soon as possible. The clock starts ticking from the date of your injury, and you don’t want to risk missing your window of opportunity and losing any chance of receiving compensation.

If you’re hoping to settle out of court, time is still of the essence. Once the filing deadline passes, you’ll have lost any leverage for negotiating. The defendant or their legal counsel will know that any threat from you to sue is empty, since the case would almost certainly be dismissed.

The Sooner You Can File Your Personal Injury Lawsuit, the Better.

The costs resulting from an injury can skyrocket quickly. It’s important to know that you’ll have the financial support you need to keep your life on track. Wait too long, and you could miss the chance to get the full amount you’re entitled to.

If you or a loved one have suffered a personal injury, you don’t have to go it alone. SiebenCarey has helped thousands of victims file their personal injury claims. We’ll help you understand the details of your case and make sure you get what you’re owed.

Even if the filing deadline for your injury has already passed, we may still be able to get you the compensation you need. Contact us today, and we’ll give you a free case evaluation.

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Client Reviews

out of 182 reviews
Deb Colombe

I was involved in a car accident that was complicated at best. God blessed with me Eric Beyer as my attorney. Although it was a long drawn out process between the two insurance companies, Eric was not only my attorney, he was my rock.

Eric is one of the most ethical people I have ever met in my lifetime. He was a constant source of not only information, but of comfort throughout the whole process. I never doubted for one moment that Eric did not have my best interest at heart. He took every word I said seriously and did what he had to do. If I ever have the misfortune of another injury like this, I would go to no one other than Eric Beyer. I will never in my lifetime be able to thank Eric enough or let him know how much I respect him and what a comfort he was and has continued to be for me. God Bless you Eric Beyer.

Daunne Schaller

I was seriously injured in a car accident on my wedding night and went to SiebenCarey. Being involved in an accident is never fun. The folks at SiebenCarey got us thru the event helping us get on with our lives. They were up front and honest. We knew we could trust them. It’s clear to me why Art has been recognized as a Best Lawyer in America and Super Lawyer for 12 years running. Now anytime I know someone who was involved in an accident I refer them to SiebenCarey.

Jeanne Tondryk

Eric W. Beyer helped me through a very difficult time and his professionalism, advice and results from an injury were highly respected. Amidst the personal part of getting myself back to health, his guidance when life was blurry was so appreciated. He listened and then put forth my options honestly and directly which I totally appreciated!

 Was totally satisfied with his hard work and dedication to help me. I'd highly recommend him. Thank you Eric!

Jesse Bukal

In need of a personal injury attorney? Well you're if you're reading this you're in the right place. You'd be hard pressed to find more competent attorneys than the ones here at SiebenCarey.

They took my case to trial and an amazing job presenting the facts and fighting for my best interests! Three years ago I was unsure of what my future would bring; now that it's over I can rest a bit easier. With SiebenCarey as my counsel, I believe I had the absolute BEST representation a person could've asked for. I knew that I wanted the absolute best representation when searching for an attorney to handle my case and I most definitely received it.

If you need a personal injury attorney, look no further. Can't recommend highly enough.

Chris and Amy Boys

We worked with Art and his team on a personal injury case. We could not have been more pleased with the result. Art and his team were both professional and personable, and were a pleasure to work with. I would highly recommend Art and his team if you find yourself in this type of situation.

Laurian Reiners

Mark Olive did an absolutely fantastic job helping Jim during his ordeal with the company he worked for.  The outcome made it so that Jim could retire after the settlement.  We could not asked for a better representative for him.

Joseph Kowalcik

I have been working with Jeff Sieben since the year 2003 and I find he does excellent work.

Vicki Burkhardt

Art and his staff were fantastic. After being involved in a car accident they made the process so easy and effortless. The end result exceeded anything I ever expected. The right lawyer really makes a difference and Art and his staff were definitely the right choice. I would highly recommend giving them a call if you are unfortunate to get in an accident.

Angie

We were VERY pleased with Jeff's attention to us and our case.  Jeff, and all of the team there, did an outstanding job of making that process as stress-free as possible for us.  The communications were never delayed; response time (no matter how often we had questions) was beyond expectations. We truly liked Jeff's up-front and true-life demeanor, nothing was sugar-coated nor was anything spoken or written in terms we didn't understand which meant we were all talking on the same levels and never felt uneducated in the attorney world we were dealing with. I would certainly refer anyone I know to you all!

Teresa Theobald

I cannot express how happy my family is with Mr. Beyer!  He has impressed us in too many ways to count!  As educated people, we attempted to accomplish litigation on our own...BIG mistake!  Mr. Beyer and his staff are amazing!  Litigation is their wheelhouse.  If you are wondering if you should hire them; the answer is yes.

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