Personal Injury Basics Attorney in Minneapolis, Minnesota

Statute of Limitations in Personal Injury Cases

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How long do I have to file a personal injury lawsuit in Minnesota? That depends on the kind of personal injury claim that you have. We have several different statutes of limitations which apply to different types of claims. In a standard personal injury claim, like a car crash, for instance, the statute of limitations is six years from the date of the accident, so that seems to be fairly clear. As a general rule, the statute of limitations for a medical negligence action or a medical malpractice action is four years. That date, or the date that that statute is triggered, can be dependent upon the type of care that’s received after the negligent act, and it’s much more complicated than it appears on the surface.

There is a two year statute of limitations that applies to some premises liability claims, and statutes of repose that apply to some of these claims, so it does really get quite complicated, and it’s gonna be very dependent upon the facts of your case. As a general proposition, in a auto crash case, the statute of limitations is six years. Remember, though, that that statute of limitations is tolled in the case of a minor child, typically until their 19th birthday, and the statute can be tolled for other reasons. Incapacity, either mental or physical, and there are exceptions to the rule, like many laws, so you need to consult with your lawyer and determine specifically what statute of limitations applies to your case.

Minneapolis personal injury lawyer Jim Carey discusses the statute of limitations in personal injury cases.

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