STATUTE OF LIMITATIONS FOR PERSONAL INJURY CASE – ATTORNEY
Our lawyers frequently get calls asking to know what is the statute of limitations for a personal injury accident case in Minnesota. (Another way the question is asked is “how long to I have to sue after an accident injury?) It is very important to understand the statute of limitation for your personal injury accident case because if you miss it, your case may be forever lost. Unfortunately, the answer is not simple and depends on the specific facts of your case. Our strong suggestion, therefore, is that you call and speak with an experienced personal injury lawyer, 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 an experienced accident lawyer regarding your specific situation.
HOW TO COMPLY WITH THE STATUTE OF LIMITATIONS IN MINNESOTA
The first thing to know about the statute of limitations for a MN personal injury 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 sue the other person within the time allowed by serving them with a complaint. Most accident injury cases 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 DEPENDS ON THE FACTS OF YOUR ACCIDENT
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 car 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. When you talk with a top lawyer after you have been injured in an accident in Minnesota, we will sit down with you and determine the statute of limitations for your specific case.
Other types of personal injury accident cases have different statutes of limitations. For example, if you are injured on someone’s property the statute of limitations can be as short as two years depending on the cause of the accident. If you are injured because of medical malpractice the statute of limitations is 4 years from the date of the malpractice. And there are several other different limitations periods depending on how the injury occurred, e.g. because of a defective product, or negligence by a government body.
In a case 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.
We have mentioned just some of the different statutes of limitation that can apply to a personal injury accident case. The thing to know is that the statute of limitations or how long you have to sue after being injured in an accident 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, even though the statute of limitations for many personal injury accidents is 6 years, you should not wait nearly that long because the cases tend to get worse over time – witnesses become harder to find, memories fade, etc. Therefore, our best MN personal injury attorneys recommend that you contact us 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 ACCIDENT INJURY STATUTE OF LIMITATIONS
Pam Rochlin and David Rochlin have more than 25 years’ experience successfully representing people injured in a personal injury accident in MN. Pam Rochlin is one of MN’s few top 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 an experienced accident injury lawyer. A personal injury lawyer will meet with you at our offices in Minneapolis, Edina, St. Louis Park or Woodbury. If you have been injured in a personal injury 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.