The Minnesota statute of limitations for personal injury cases is a legal provision that governs the time frame within which a personal injury lawsuit must be filed in the state. This law sets a deadline for individuals who have been injured due to the actions of another party to file a lawsuit seeking compensation for their damages.
If you’ve been in an accident and need assistance understanding Minnesota’s statute of limitations, contact a personal injury lawyer. 1-800-Injured is a lawyer and medical directory service that can help you find a knowledgeable lawyer near you.
Why Do We Have Statutes of Limitations?
The purpose of this statute is to ensure that lawsuits are filed promptly after the injury occurs, while evidence is still fresh and witnesses are available. The law also seeks to provide some certainty and closure for both the injured party and the party being sued by setting a clear deadline for filing a lawsuit.
Minnesota is among a few states with varying statutes of limitations based on the type and origin of the injury. In most personal injury lawsuits, the statute of limitations is six years from the injury date. Nevertheless, some cases may have a shorter or longer time limit, and there are exceptions to this rule.
For instance, medical malpractice cases have a shorter statute of limitations of four years from the injury date or the date of injury discovery, whichever is later. In wrongful death cases, the statute of limitations is three years from the date of death.
It is important to note that the statute of limitations does not just apply to filing a lawsuit. It also applies to other aspects of the legal process, such as serving the defendant with a copy of the complaint and other legal documents. If these actions are not taken within the statute of limitations period, the case may be barred from being pursued.
Are There Exceptions to the Statute of Limitations?
Another vital aspect to consider is that the statute of limitations can be tolled or reduced in specific situations. Tolling involves the temporary stoppage or suspension of the statute of limitations clock. This occurs when the injured person is a minor at the time of injury or has a mental incapacity or disability. In such cases, the statute of limitations may be tolled until the person reaches 18 years of age or regains mental capacity.
The statute of limitations can also be extended in scenarios where the injury was not immediately apparent or if the defendant concealed evidence of their wrongdoing. This is referred to as the discovery rule, which enables the injured party to file a claim within a reasonable time after discovering the injury or if it should have been discovered through reasonable diligence.
Keep in mind that particular circumstances can curtail the deadline. For instance, an injury involving a government agency may need to be filed within 180 days.
It’s essential to note that while the statute of limitations provides a definitive timeline for filing a personal injury claim, it’s always advisable to consult with an experienced personal injury attorney immediately after the injury. An attorney can guide you on the statute of limitations that pertains to your situation and collaborate with you to guarantee that your claim is filed efficiently and on time.
Are There Other Laws that Can Impact My Personal Injury Case?
Apart from the statute of limitations, various legal principles can influence a personal injury lawsuit in Minnesota. These encompass comparative negligence, which permits a plaintiff to recover damages even if they contributed partly to the accident, and the no-fault system, which provides coverage for medical expenses and lost wages regardless of fault.
Furthermore, as the plaintiff, you bear the responsibility of proof in your personal injury case. You must establish that the defendant acted negligently and that their actions or inactions caused the accident that led to your injury.
Consult with a Personal Injury Lawyer
The Minnesota statute of limitations for personal injury cases is an important legal provision that establishes a clear deadline for filing a claim for compensation after an injury. While the statute of limitations can vary depending on the type of claim and other factors, it is always best to seek the advice of an experienced personal injury attorney as soon as possible after an injury occurs to ensure that your legal rights are protected.
If you need assistance finding a reputable lawyer in your city, 1-800-Injured can help. We can help you find legal representation from a nearby law firm that has experience handling cases similar to yours. Contact us today.