HOW LONG DO I HAVE TO SUE OF BRING A CASE AFTER BEING INJURED IN AN ACCIDENT – MINNESOTA LAWYERS STATUTE OF LIMITATIONS
Our injury attorneys in Minnesota frequently get calls from people wanting to know how long they have to bring a claim or start a lawsuit after they have been injured in an accident. Unfortunately, there is not a single, simple answer to that question. The statute of limitations for a case in MN depends on several factors including how the injury happened, where the injured happened, whether the injury was an accident or intentional, whether the injured person was a minor or otherwise incapacitated at the time of the accident, and several other factors. In addition to statute of limitations, there are also notice requirements in some cases, for example, cases against the government and cases against bars.
If you are injured in an accident in MN, call one of our lawyers for a free consultation and we will discuss your situation with you and explain your rights including the statute of limitations for your case. You can meet an accident injury attorney at our offices in Edina, Minneapolis, St. Louis Park, or Woodbury. Our lawyers will also meet you at your home if you have been injured in Minneapolis, St. Paul, Burnsville, Apple Valley, Lakeville, Roseville, Forest Lake, Brooklyn Park, Brooklyn Center. Maple Grove, Plymouth, Chanhassen, Chaska, Albert Lea, Rogers, and other cities throughout MN.
In the meantime, in the area below we have pasted some of the statutes regarding the statute of limitations in MN. These are the statutes of limitation our injury attorneys deal with most frequently, but there are more – and every case is different. Our best advice is that you call a lawyer soon after you have been injured in an accident so that you don’t miss any deadlines and and can find out for sure how long you have to sue if necessary.
541.05 VARIOUS CASES, SIX YEARS.
Subdivision 1. Six-year limitation.
Except where the Uniform Commercial Code otherwise prescribes, the following actions shall be commenced within six years:
(1) upon a contract or other obligation, express or implied, as to which no other limitation is expressly prescribed;
(2) upon a liability created by statute, other than those arising upon a penalty or forfeiture or where a shorter period is provided by section 541.07;
(3) for a trespass upon real estate;
(4) for taking, detaining, or injuring personal property, including actions for the specific recovery thereof;
(5) for criminal conversation, or for any other injury to the person or rights of another, not arising on contract, and not hereinafter enumerated;
(6) for relief on the ground of fraud, in which case the cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;
(7) to enforce a trust or compel a trustee to account, where the trustee has neglected to discharge the trust, or claims to have fully performed it, or has repudiated the trust relation;
(8) against sureties upon the official bond of any public officer, whether of the state or of any county, town, school district, or a municipality therein; in which case the limitation shall not begin to run until the term of such officer for which the bond was given shall have expired;
(9) for damages caused by a dam, used for commercial purposes; or
(10) for assault, battery, false imprisonment, or other tort resulting in personal injury, if the conduct that gives rise to the cause of action also constitutes domestic abuse as defined in section 518B.01.
Subd. 2. Strict liability.
Unless otherwise provided by law, any action based on the strict liability of the defendant and arising from the manufacture, sale, use or consumption of a product shall be commenced within four years.
541.051 LIMITATION OF ACTION FOR DAMAGES BASED ON SERVICES OR CONSTRUCTION TO IMPROVE REAL PROPERTY.
Subdivision 1.Limitation; service or construction of real property; improvements.
(a) Except where fraud is involved, no action by any person in contract, tort, or otherwise to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, shall be brought against any person performing or furnishing the design, planning, supervision, materials, or observation of construction or construction of the improvement to real property or against the owner of the real property more than two years after discovery of the injury, nor in any event shall such a cause of action accrue more than ten years after substantial completion of the construction. Date of substantial completion shall be determined by the date when construction is sufficiently completed so that the owner or the owner’s representative can occupy or use the improvement for the intended purpose.
(b) Notwithstanding paragraph (a), an action for contribution or indemnity arising out of the defective and unsafe condition of an improvement to real property may be brought no later than two years after the cause of action for contribution or indemnity has accrued, regardless of whether it accrued before or after the ten-year period referenced in paragraph (a), provided that in no event may an action for contribution or indemnity be brought more than 14 years after substantial completion of the construction.
(c) For purposes of paragraph (a), a cause of action accrues upon discovery of the injury. For purposes of paragraph (b), a cause of action for contribution or indemnity accrues upon the earlier of commencement of the action against the party seeking contribution or indemnity, or payment of a final judgment, arbitration award, or settlement arising out of the defective and unsafe condition.
(d) Nothing in this section shall apply to actions for damages resulting from negligence in the maintenance, operation or inspection of the real property improvement against the owner or other person in possession.
(e) The limitations prescribed in this section do not apply to the manufacturer or supplier of any equipment or machinery installed upon real property.
Subd. 2.Action allowed; limitation.
Notwithstanding the provisions of subdivision 1, paragraph (a), in the case of a cause of action described in subdivision 1, paragraph (a), which accrues during the ninth or tenth year after substantial completion of the construction, an action to recover damages may be brought within two years after the date on which the cause of action accrued, but in no event may such an action be brought more than 12 years after substantial completion of the construction. Nothing in this subdivision shall limit the time for bringing an action for contribution or indemnity.
Subd. 3.Not construed.
Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.
For the purposes of actions based on breach of the statutory warranties set forth in section 327A.02, or to actions based on breach of an express written warranty, such actions shall be brought within two years of the discovery of the breach. In the case of an action under section 327A.05, which accrues during the ninth or tenth year after the warranty date, as defined in section 327A.01, subdivision 8, an action may be brought within two years of the discovery of the breach, but in no event may an action under section 327A.05 be brought more than 12 years after the effective warranty date. An action for contribution or indemnity arising out of actions described in this subdivision may be brought no later than two years after the earlier of commencement of the action against the party seeking contribution or indemnity, or payment of a final judgment, arbitration award, or settlement arising out of the breach, provided that in no event may an action for contribution or indemnity arising out of an action described in section 327A.05 be brought more than 14 years after the effective warranty date.
541.07 TWO- OR THREE-YEAR
Except where the Uniform Commercial Code, this section, section 541.05, 541.073, 541.076, or 604.205 otherwise prescribes, the following actions shall be commenced within two years:
(1) for libel, slander, assault, battery, false imprisonment, or other tort resulting in personal injury, and all actions against veterinarians as defined in chapter 156, for malpractice, error, mistake, or failure to cure, whether based on contract or tort; provided a counterclaim may be pleaded as a defense to any action for services brought by a veterinarian after the limitations period if it was the property of the party pleading it at the time it became barred and was not barred at the time the claim sued on originated, but no judgment thereof except for costs can be rendered in favor of the party so pleading it;
(2) upon a statute for a penalty or forfeiture, except as provided in sections 541.074 and 541.075;
(3) for damages caused by a dam, other than a dam used for commercial purposes; but as against one holding under the preemption or homestead laws, the limitations shall not begin to run until a patent has been issued for the land so damaged;
(4) against a master for breach of an indenture of apprenticeship; the limitation runs from the expiration of the term of service;
(5) for the recovery of wages or overtime or damages, fees, or penalties accruing under any federal or state law respecting the payment of wages or overtime or damages, fees, or penalties except, that if the employer fails to submit payroll records by a specified date upon request of the Department of Labor and Industry or if the nonpayment is willful and not the result of mistake or inadvertence, the limitation is three years. (The term “wages” means all remuneration for services or employment, including commissions and bonuses and the cash value of all remuneration in any medium other than cash, where the relationship of master and servant exists and the term “damages” means single, double, or treble damages, accorded by any statutory cause of action whatsoever and whether or not the relationship of master and servant exists);
(6) for damages caused by the establishment of a street or highway grade or a change in the originally established grade;
(7) against the person who applies the pesticide for injury or damage to property resulting from the application, but not the manufacture or sale, of a pesticide.
541.076 HEALTH CARE PROVIDER
(a) For purposes of this section, “health care provider” means a physician, surgeon, dentist, occupational therapist, other health care professionals as defined in section 145.61, hospital, or treatment facility.
(b) An action by a patient or former patient against a health care provider alleging malpractice, error, mistake, or failure to cure, whether based on a contract or tort, must be commenced within four years from the date the cause of action accrued.
(c) A counterclaim may be pleaded as a defense to any action for services brought by a health care provider after the limitations described in this section, notwithstanding it is barred by the provisions of this chapter, if the counterclaim belonged to the party pleading it at the time it became barred and was not barred at the time the claim sued on originated, but no judgment on the counterclaim except for costs can be rendered in favor of the party so pleading it.