Minnesota’s statute of limitations for personal injury is six years from the date of injury for most negligence claims, including car crashes, slip and falls, and dog bites, under Minn. Stat. 541.05, subd. 1(5). Wrongful death claims, medical malpractice claims, and claims against a city, county, or the State have shorter deadlines that can run in months, not years.
This guide from Nelson Personal Injury LLC lays out every major Minnesota deadline, explains why a six-year window does not mean you have six years to act, and covers how the clock pauses for children. If you were hurt anywhere in Minnesota, our Minnesota personal injury attorneys can confirm the deadline that applies to your case during a free consultation.
Key Takeaways
- Most Minnesota personal injury lawsuits must be started within six years of the injury under Minn. Stat. 541.05, subd. 1(5).
- Wrongful death lawsuits must be filed within three years of the death and no more than six years after the act that caused it, under Minn. Stat. 573.02.
- Medical malpractice claims must be started within four years under Minn. Stat. 541.076.
- Claims against a city, county, school district,t or the State of Minnesota require written notice within 180 days of the injury under Minn. Stat. 466.05 and 3.736.
- No-fault (PIP) benefits are governed by policy notice rules that can be as short as six months after the crash under Minn. Stat. 65B.55.
- For an injured child, Minn. Stat. 541.15 pauses the limitation period until the child turns 18.
What is the statute of limitations for personal injury in Minnesota?
A statute of limitations is the legal deadline for starting a lawsuit. If the deadline passes, the court will dismiss the case no matter how strong it is, and the insurance company has no reason to pay. In Minnesota, Minn. Stat. § 541.05, subd. 1(5), which requires actions “for any other injury to the person or rights of another” to be commenced within six years.
That six-year rule covers the cases our firm handles most often: car, truck, and motorcycle crashes; pedestrian and bicycle injuries; premises liability falls; and injuries caused by careless property owners or businesses. You may see shorter periods listed on some websites. A two-year period under Minn. Stat. 541.07 applies to certain intentional torts such as assault and battery, and to some other specific claims, but it does not apply to an ordinary negligence claim in Minnesota.
When does the clock start?
The clock generally starts on the date of the injury, which for a crash or a fall is the day it happened. Minnesota does not use a broad “discovery rule” for ordinary negligence claims, so when you learned how serious the injury was usually doesn’t matter. In Minnesota, a lawsuit “commenced” when the summons and complaint are served on the defendant, not when they are filed with the court, which is another reason to let an attorney handle the timing.
What are the key Minnesota personal injury deadlines?
Each claim type has its own deadline, and the shortest one controls when more than one applies. Here are the deadlines Minnesota injury victims most often need to know.
- General negligence (car accidents, truck and motorcycle crashes, slip and fall, premises liability): six years from the date of injury, Minn. Stat. 541.05, subd. 1(5).
- Dog bites and dog attacks: six years from the injury under Minn. Stat. 541.05; owner liability is set by Minn. Stat. 347.22.
- Wrongful death: three years from the date of death, and in all cases within six years of the act or omission that caused the death, Minn. Stat. 573.02, subd. 1.
- Medical malpractice against a doctor, hospital or other health care provider: four years from when the cause of action accrued, Minn. Stat. 541.076.
- Claims against a city, county, town or school district: written notice of claim within 180 days after the injury is discovered, Minn. Stat. 466.05, subd. 1; the lawsuit itself remains subject to the normal limitation period.
- Claims against the State of Minnesota or a state employee: written notice to the attorney general within 180 days after the injury is discovered, Minn. Stat. 3.736, subd. 5.
- No-fault (PIP) benefits: notice to your own insurer within the period your policy sets, which Minn. Stat. 65B.55 allows to be as short as six months after the accident.
- Injured minors: the limitation period is paused until the child turns 18, Minn. Stat. 541.15.
Deadlines depend on the facts, and a single case can involve more than one. A crash with a county snowplow near St. Cloud, for example, triggers the 180-day notice rule even though the negligence deadline is six years. Our guide on filing a personal injury claim in Minnesota walks through the steps before you file a lawsuit.
What is the Minnesota wrongful death statute of limitations?
The Minnesota wrongful death statute of limitations is three years from the date of death, with an outer limit of six years from the act that caused it. Minn. Stat. 573.02, subd. 1 sets both limits, and the six-year cap matters when someone dies long after the injury. If a crash victim passes away four years after the collision, the family has two years, not three, because the six-year outer limit arrives first.
Wrongful death claims in Minnesota also have a procedural step most families do not expect: the lawsuit must be brought by a trustee appointed by the district court, on a petition from the surviving spouse or next of kin. Appointing a trustee in Stearns, Hennepin, Sherburne, or Douglas County District Court takes time, so families should not wait until the final months. Our Minnesota wrongful death lawyers handle the trustee petition as part of the case.
Does the wrongful death deadline change if a government entity is involved?
Yes. When a city, county, or the State is a defendant, the notice-of-claim rules still apply. Minn. Stat. 466.05, subd. 2 gives families up to one year after the injury that caused the death to present notice to a municipality, which is longer than the usual 180 days but still far shorter than the three-year lawsuit deadline.
What is the Minnesota dog bite statute of limitations?
The Minnesota dog bite statute of limitations is six years from the date of the attack. A dog bite claim is a personal injury claim under Minn. Stat. 541.05, subd. 1(5), and no separate shorter period applies. Liability arises under Minn. Stat. 347.22, which makes the owner liable for the full amount of the injury when a dog attacks or injures a person acting peaceably in a place where they have a right to be, without provocation.
Because Minnesota’s dog bite statute imposes strict liability, these cases often turn on identifying the owner or keeper and documenting the injuries, not on proving carelessness. The six-year window is generous, but animal control records, witness memories, and the dog’s history fade quickly. Learn more about Minnesota dog bite claims and what evidence to gather in the first week.
What are the deadlines for claims against the government in Minnesota?
Claims against a Minnesota city, county, township, school district, or the State require written notice within 180 days, and missing that notice can end the claim before any lawsuit is possible. Minn. Stat. 466.05, subd. 1 requires the claimant to present notice to the governing body of the municipality “within 180 days after the alleged loss or injury is discovered.” For the State and its employees, Minn. Stat. 3.736, subd. 5 requires the same 180-day notice to the attorney general.
The notice must state the time, place, and circumstances of the injury, the names of any known employees involved, and the amount of compensation demanded. Government crashes are more common than people think: a collision with a MnDOT plow on Highway 10, a fall on an icy city sidewalk in Elk River, a crash caused by a county vehicle on I-94 near Alexandria, or an injury on a school bus can all involve a public defendant. Our Minnesota personal injury lawyers check for a government defendant in every case for exactly this reason.
How does tolling work for injured children in Minnesota?
Tolling pauses the statute of limitations. Under Minn. Stat. 541.15, the limitation period for a plaintiff under age 18 does not run until the child turns 18, and the usual five-year cap on tolling does not apply to minors. In practical terms, a child hurt in a crash at age 10 would have until age 24 to start a negligence lawsuit.
There are important exceptions. For medical malpractice, tolling for a minor is capped at seven years, or one year after the child turns 18, whichever is shorter. Tolling also does not extend the 180-day government notice deadline in most situations, and it does not stop no-fault insurers from applying their own policy notice rules. Parents who have paid medical bills for an injured child may also have their own claim, which is not tolled. Families should treat a child’s injury claim as urgent even though the law gives the child extra time.
Why Waiting Is Still a Mistake: What Our Attorneys See
Six years sounds like plenty of time, and that is exactly why injured people lose claims. In our experience, we decide a case’s strength in the first weeks, not in year five. Here is what goes wrong when people wait.
- Evidence disappears. Dash cam and intersection video is often overwritten within days or weeks, vehicles get repaired or scrapped, and a business fixes the hazard that caused the fall.
- Witnesses move and forget. A witness who gave a clear account at the scene may not remember the details a year later, and some cannot be found at all.
- Insurer deadlines run first. Your no-fault insurer can require notice within six months, and uninsured and underinsured motorist coverage has its own policy conditions.
- Government notice runs in 180 days. If any public entity is involved, the practical deadline is measured in months.
- Medical gaps hurt the claim. Insurers argue that a gap between the injury and treatment means the injury was minor or came from something else.
- Settlement takes time. A claim is not “started” by sending a letter. If negotiations stall late in the limitation period, you must serve the summons and complaint before the deadline, or you lose the claim.
Our attorneys at Nelson Personal Injury LLC send preservation letters, request records, and secure video early so the six-year deadline never decides a case.
Frequently Asked Questions
Is the Minnesota statute of limitations for personal injury two years or six years?
Six years for negligence claims. Minn. Stat. 541.05, subd. 1(5) sets the statute of limitations at six years for any injury to the person caused by negligence, which covers car accidents, falls, and dog bites. The two-year period in Minn. Stat. 541.07 applies to certain intentional torts such as assault and battery, not to ordinary negligence claims.
What is the statute of limitations for a car accident in Minnesota?
A negligence lawsuit for a Minnesota car accident must be started within six years of the crash under Minn. Stat. 541.05. No-fault benefit claims have shorter policy notice periods, often six months, and a crash involving a city, county, or state vehicle requires written notice within 180 days.
How long do you have to file a wrongful death claim in Minnesota?
You have three years from the date of death, and never more than six years after the act or omission that caused the death, under Minn. Stat. 573.02. A court-appointed trustee must file the claim, so families should start the process well before the deadline.
What happens if I miss the statute of limitations in Minnesota?
The defendant can ask the court to dismiss the lawsuit, and the court will almost always grant that request. Once the claim is barred, the insurance company has no legal reason to settle. A few exceptions exist, such as tolling for minors, but they are narrow and depend on specific facts.
Does the statute of limitations apply to insurance claims or only lawsuits?
The statute of limitations governs when you must commence a lawsuit, but it also affects your leverage in settlement talks. An insurer that knows the deadline has passed will stop negotiating. Insurance policies also include notice and proof-of-loss rules, including no-fault notice periods as short as six months.
Can the statute of limitations be extended in Minnesota?
In limited situations. Minn. Stat. 541.15 pauses the period for a plaintiff who is under 18 or legally incapacitated, and a defendant’s absence from the state can also pause the clock in some cases. These rules are narrow, so don’t assume an extension applies without legal advice.
Talk to Nelson Personal Injury LLC Before the Deadline Gets Close
Minnesota’s personal injury statute of limitations gives most injured people six years, but the shortest deadline in your case may be 180 days for a government notice or six months for a no-fault claim, and the evidence that wins cases rarely waits that long. Knowing which rule applies, and acting well before it, is the difference between a strong claim and no claim at all.
Nelson Personal Injury LLC serves injured people and grieving families across Minnesota from offices in Sartell and Maple Grove, including St. Cloud, Elk River, Alexandria, and the Minneapolis area. Our Minnesota personal injury attorneys will identify every deadline in your case and start protecting the evidence right away. Contact us for a free consultation, or call (320) 208-9841 in Sartell or (763) 496-5877 in Maple Grove. There is no fee unless we recover compensation for you.
