When it comes to personal injury cases, the law imposes a deadline for victims to seek compensation called the statute of limitations. In Minnesota, the time limit for filing a personal injury case varies depending on the type of claim.
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What is the Statute of Limitations?
The statute of limitations is the time limit to file a lawsuit against an individual or entity. The reasoning behind the statute of limitations is to ensure that evidence is still fresh and witnesses’ memories are still sharp.
If a victim fails to initiate a lawsuit within the set time frame, the right to claim compensation is lost.
Types of cases and their respective statute of limitations
Personal injury cases can be of different types, and the statute of limitations may vary accordingly.
Car Accident and Other Negligence Cases
Cases of negligence like car accidents, slip and fall cases, and others have a statute of limitations of six years in Minnesota. The six years’ time frame starts from the day of the accident.
Medical Malpractice
Medical malpractice cases are those where a medical professional’s negligence causes injury to a patient. Minnesota has a two-year statute of limitations for medical malpractice cases. If the injury was discovered later, the victim has two years from the date of discovery or should have discovered the injury.
However, the statute of limitations for medical malpractice cases in the state cannot exceed four years from the date of medical negligence.
Product Liability Cases
If a faulty product causes harm to an individual, it falls under product liability cases. Minnesota has a statute of limitations of four years for product liability cases. The timer starts from the day the injury occurred.
Wrongful Death
Wrongful death suits are lawsuits filed by the victim’s family members when their loved one has passed away due to another party’s negligence. The statute of limitations for wrongful death suits in Minnesota is three years from the date of death.
Workers’ Compensation Claims
Minnesota also has a statute of limitations for workers’ compensation claims. If a worker is injured on the job, they have three years from the date of the incident to file a claim.
Some Exceptions to the Statute of Limitations
There are specific exceptions to the statute of limitations for personal injury cases in Minnesota.
Minors
For personal injury cases involving minors, the statute of limitations may be extended. The actual timeline for minors starts when they turn 18. This means the statute of limitations in Minnesota for minors starts when they turn 18 years of age and is 2 years from that date.
Mental and Physical Incompetence
If a victim is declared mentally or physically incompetent, the statute of limitations is tolled. The statute of limitations’ pause time doesn’t run while the victim is undergoing treatment or seeking care, and it resumes once the individual is declared competent.
Fraud
If fraud was part of the case, the statute of limitation may arise once the fraud is discovered rather than from the injury’s date.
Contact a Personal Injury Lawyer ASAP
When a personal injury case arises in Minnesota, it’s crucial to contact a lawyer as soon as possible after the accident’s occurrence. The time limit to file a lawsuit is short, so contacting a personal injury lawyer can make all the difference in securing compensation.
Wrap Up
In conclusion, if you’re considering filing a personal injury lawsuit in Minnesota, be mindful of the statute of limitations to avoid losing your right to compensation. The timeline varies depending on the type of claim, so consult with a personal injury lawyer to understand your situation’s specific aspects.