HOW LONG DO I HAVE TO START MY AUTO ACCIDENT CASE – MN LAWYERS
It is very important to know what the statute of limitation is for your car accident case; because if you don’t start a lawsuit within the allowed time you may forfeit your claim and be barred from making a claim later. Unfortunately, the answer to how much time you have is not simple and depends on the facts of your case. Our strong suggestion, therefore, is that you call and speak with an experienced Minnesota car accident attorney about the specific facts of your case, so we can give you an accurate answer. With that warning given, we will still provide some basic information here, even though, again, you should speak with MN auto accident lawyer regarding your specific situation.
HOW TO COMPLY WITH THE STATUTE OF LIMITATIONS IN MN
The first thing to know about the statute of limitations for a MN car accident case is the proper way to comply with it. To comply with the statute of limitations, you have to do more than notify the other party about your claim; you have to actually start a lawsuit. Most car accident cases in Minnesota will be brought in state court. In MN state court, a lawsuit is started when the formal complaint is served on the defendant. In federal court, a lawsuit is started when the complaint is filed in court.
THE LIMITATIONS PERIOD FOR A CAR ACCIDENT CASE CAN VARY
Generally, for car accident injury cases the statute of limitations is six years from the date of the accident. However, there are several important exceptions to this rule. For example, if the auto accident results in someone’s death, the statute of limitations for the surviving family is three years from the date of the accident. Another important exception has to do with drunk driver cases, which have both a notice requirement for a bar that may have illegally served the driver, as well as a two-year statute of limitations for a case against the bar. Other exceptions include cases against a car manufacturer where there was a defect in the design or construction in the car that contributed to the accident. In cases where the injured person is a minor at the time of the crash, the statute of limitations in some circumstances may be extended to the minor’s nineteenth birthday. An experienced lawyer can walk you through these questions to determine the statute of limitations for your car accident case.
As mentioned, the how long you have to start an auto accident case can vary depending on the facts of the individual case, so you should consult with a lawyer to get the correct answer for your situation. In addition, it is important to understand that even though the statute of limitations for many MN car accidents is 6 years, the cases tend to get worse over time – witnesses become harder to find, memories fade, etc. Therefore, our top auto accident attorneys in MN recommend that you contact us as soon as possible if you have a potential injury claim to preserve your rights and let us fully prepare your case.
CONSULT A LAWYER REGARDING STATUTE OF LIMITATIONS
Pam Rochlin and David Rochlin have more than 25 years’ experience representing people injured in car accidents in MN. Pam Rochlin is one of MN’s few women personal injury super lawyers. She was the 2015 president of MN Women Lawyers Association and is a former partner at Meshbesher & Spence. When you contact our office, you will get a free consultation with a top auto accident lawyer. One of our car accident attorneys will meet with you at our offices in Minneapolis, Edina, St. Louis Park or Woodbury. If you have an injury from a car accident, one of our lawyers will also meet with you at your home in St. Paul MN, Roseville, White Bear Lake, Lino Lakes, Forest Lake, Brooklyn Park, Maple Grove, Anoka, Champlin, Plymouth, Rogers. St. Cloud, Albert Lea, Chanhassen, Chaska, Mankato, Bloomington, Burnsville, and other cities throughout MN. Click here for other frequently asked questions.