Deadlines to File an Injury Lawsuit in Minnesota
How long you have to sue in Minnesota for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Generally six years for injury to the person not arising on contract (which covers negligence claims). Minn. Stat. §§ 541.05, subd. 1(5) and subd. 2; 541.07(1)
| Deadline to sue for an injury | Generally six years for injury to the person not arising on contract (which covers negligence claims). Two years for libel, slander, assault, battery, false imprisonment or "other tort resulting in personal injury." Four years for strict product liability claims. Two-year rule: https://www.revisor.mn.gov/statutes/cite/541.07 . Which personal injury claims fall under the two-year clause ("other tort resulting in personal injury") versus the six-year clause has been decided by Minnesota courts; check the deadline for a specific claim. |
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| Deadline to sue for property damage | Six years for taking, detaining or injuring personal property. Source: Minn. Stat. § 541.05, subd. 1(4) |
| Medical malpractice deadline | Four years from the date the cause of action accrued for a malpractice action against a physician, surgeon, dentist, other health care professional, hospital or treatment facility. A wrongful death action based on medical negligence must be filed within three years of the death, but not later than the four-year malpractice limit. |
| Wrongful death deadline | Within three years after the date of death, but no more than six years after the wrongful act or omission. Exceptions: deaths from medical professional negligence (three years from death, within the four-year malpractice limit), and deaths caused by murder (no time limit). Source: Minn. Stat. § 573.02, subd. 1 |
| Suing the government | A written notice stating the time, place and circumstances of the loss, the employees involved and the amount demanded must be given within 180 days after the loss or injury is discovered: to the Attorney General (and any state employee being sued) for claims against the state, or to the governing body of a city, county or other municipality. For wrongful death claims, notice may be given within one year. Time while the injured person is incapacitated does not count. Liability is capped at $500,000 per claimant and $1,500,000 for all claims from a single occurrence (for claims arising on or after July 1, 2009), and the state will not pay punitive damages. State claims: https://www.revisor.mn.gov/statutes/cite/3.736 ; municipal caps: https://www.revisor.mn.gov/statutes/cite/466.04 |
More Minnesota personal injury & wrongful death
- Wrongful Death Lawsuits in Minnesota
- Medical Malpractice Rules in Minnesota
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- Sidewalk and Public Property Falls in Minnesota
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FAQ
What is the statute of limitations for personal injury in Minnesota?
Generally six years for injury to the person not arising on contract (which covers negligence claims). Two years for libel, slander, assault, battery, false imprisonment or "other tort resulting in personal injury." Four years for strict product liability claims.
How long do you have to sue for property damage in Minnesota?
Six years for taking, detaining or injuring personal property.
What is the statute of limitations for medical malpractice in Minnesota?
Four years from the date the cause of action accrued for a malpractice action against a physician, surgeon, dentist, other health care professional, hospital or treatment facility. A wrongful death action based on medical negligence must be filed within three years of the death, but not later than the four-year malpractice limit.
How long do you have to file a wrongful death lawsuit in Minnesota?
Within three years after the date of death, but no more than six years after the wrongful act or omission. Exceptions: deaths from medical professional negligence (three years from death, within the four-year malpractice limit), and deaths caused by murder (no time limit).
How do you file an injury claim against the government in Minnesota?
A written notice stating the time, place and circumstances of the loss, the employees involved and the amount demanded must be given within 180 days after the loss or injury is discovered: to the Attorney General (and any state employee being sued) for claims against the state, or to the governing body of a city, county or other municipality. For wrongful death claims, notice may be given within one year. Time while the injured person is incapacitated does not count. Liability is capped at $500,000 per claimant and $1,500,000 for all claims from a single occurrence (for claims arising on or after July 1, 2009), and the state will not pay punitive damages.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.