How long do I have to file a personal injury claim in Minnesota?
Accidents are never part of anyone’s plans. One minute you’re living your life, and the next you’re dealing with medical bills, lost wages, and a whole lot of stress. If you’ve been injured in an accident that wasn’t your fault, you might be wondering how long you have to file a personal injury claim in Minnesota. Let’s break it down step by step so you’re not left in the dark.
Understanding the Statute of Limitations
The statute of limitations is a law that sets the maximum time you have to file a lawsuit after an injury. In Minnesota, this time frame varies depending on the type of claim you’re making, but for most personal injury cases, you generally have two years to file a lawsuit.
So, what’s the big deal? Well, if you wait too long and miss that deadline, the court will probably toss your case out, no matter how valid it is. That’s why it’s so important to know the time limit that applies to your situation and to act sooner rather than later.
Why These Deadlines Exist
Statutes of limitations exist to make sure that cases are resolved while evidence is still fresh. Memories fade and important documents can get lost over time. These time frames also give everyone involved a bit of peace of mind, knowing there’s a limit to how long someone can be held responsible.
What Can Change the Deadline?
The two-year rule applies to most personal injury cases in Minnesota, but there are exceptions.
The Discovery Rule
Sometimes, you don’t even realize you’ve been injured right away. For example, if you develop health issues later due to exposure to something harmful, the discovery rule may give you more time to file. In these situations, the clock starts ticking when you discover the injury, not when it actually happened.
Minors and Incapacitated Individuals
If the injured person is a minor or legally incapacitated, Minnesota law usually allows extra time to file a claim. This is called tolling. Essentially, the clock doesn’t start until the person turns 18 or regains capacity.
Claims Against the Government
If your injury involves a government agency, you’ll usually face shorter deadlines and might even have to provide formal notice of your intent to sue. It’s a little trickier, so it’s wise to get advice from a Minneapolis medical malpractice lawyer or personal injury attorney right away.
Gathering the Right Evidence Early
Even if you think you have plenty of time, don’t delay. Gathering evidence while it’s still fresh is a huge part of building a strong case. Photos of the accident scene, medical records, and witness statements can make or break your claim. The longer you wait, the harder it is to get your hands on this crucial evidence.
Working with an Attorney
Working with a skilled lawyer, like Mark Perron at Perron Law Office, can make all the difference. They’ll make sure you don’t miss important deadlines and will help you gather the evidence you need to build a strong case. Mark and his team understand the nuances of Minnesota’s statute of limitations and how to navigate any exceptions.
The Role of Insurance Companies
Here’s something else to keep in mind: even if you’re dealing with an insurance company instead of going to court, those same deadlines still apply. Insurance adjusters know this, and they’re not going to remind you. They might even drag things out, hoping you’ll miss the deadline altogether.
Negotiation vs. Filing a Lawsuit
A lot of personal injury cases are settled through negotiation rather than going to trial. That’s great news for many people because it usually means less stress and quicker compensation. However, if negotiations stall or you’re not offered a fair settlement, you still need to file a lawsuit before the clock runs out.
Why Timing Matters for You
When you’re injured, it’s tempting to focus only on your recovery—and you should! But don’t let the legal deadlines slip through the cracks. Acting quickly protects your right to fair compensation, and it also helps you move on from this difficult chapter in your life.
Common Mistakes to Avoid
- Waiting for a full recovery: It’s okay if you’re still healing. Your lawyer can include future medical expenses in your claim.
- Assuming the insurance company will remind you: They won’t. They’re in the business of saving money.
- Thinking it’s too late to call a lawyer: Even if you’re unsure, reach out to an attorney like Mark Perron. They’ll confirm whether you still have time.
Real-World Example: How It All Fits Together
Let’s say you were hurt in a car accident in January 2022. You’ve got until January 2024 to file your lawsuit in Minnesota. But what if you didn’t realize your back injury was tied to the accident until six months later? That’s where the discovery rule might come in and extend your timeline.
Or maybe you’re the parent of a child who was injured at a playground. Because minors get more time, the deadline won’t start until your child turns 18.
What to Do Next
If you’re dealing with an injury and you’re not sure where to start, talking to a Minneapolis medical malpractice lawyer like Mark Perron can give you the answers you need. Mark and his team at Perron Law Office are passionate about helping people like you get the compensation they deserve, and they’ll help you understand your legal rights and your timeline.
Don’t wait until the last minute—reach out, ask questions, and get the guidance you need to move forward.
If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. Simply reach out on (651) 317-8133 to schedule your free consultation.
