If you’ve been involved in a car accident in Minnesota and are considering legal action, it’s important to understand the statute of limitations for pursuing a claim. Statutes of limitations are legal deadlines under which an injured person must either settle their claim or start a lawsuit, or their claim will be forever barred.
In Minnesota, the statute of limitations for car accident claims is determined by state law and can vary depending on the specifics of your case. That’s why it’s crucial to consult with a Minnesota auto accident lawyer as soon as possible after an accident.
If you’re wondering how long you have to file a car accident claim in Minnesota, check out the information below.
No-Fault Insurance Claims
In Minnesota, you generally have six months from the accident date to notify your no-fault insurance company of your intention to bring a no-fault insurance claim. This deadline is often set by the terms of the contract itself. This deadline is set by the insurance company so that they have adequate notice to properly investigate the claim. No-fault claims cover up to $20,000 in medical expenses and $20,000 in lost earnings caused by the accident.
It’s important to file your claim within this timeframe to ensure you receive the benefits you are entitled to. Delaying your claim could result in denial of coverage.
If you have suffered injuries in a car accident, seeking medical attention and documenting your expenses following the incident is important. A car accident lawyer in MN can help you navigate the process of filing a no-fault insurance claim and ensure you receive the compensation you deserve.
They can also assist with negotiating any potential disputes or denials from your insurance company.
Personal Injury Lawsuits
For injury claims against another party based on their negligence, you have up to six years from the date of the accident to either settle your claim or start a lawsuit against the at-fault party. If you do not meet this deadline, your claim will be forever barred.
Filing a personal injury lawsuit can be stressful, but a lawyer can make the process smoother by providing the following services:
- Gathering Evidence: A lawyer can collect all necessary evidence, including medical records, police reports, and witness statements.
- Handling Paperwork: They will manage all legal paperwork and ensure it is filed correctly and on time.
- Negotiating Settlements: Lawyers can negotiate with insurance companies and the at-fault party to seek a fair settlement.
- Representing You in Court: If needed, they can represent you in court and advocate on your behalf.
By hiring a Minnesota auto accident lawyer, you can focus on recovering from your injuries while they handle the legal aspects of your case.
Wrongful Death Claims
A wrongful death claim allows the family of the deceased to seek compensation for their loss. This can include funeral costs, lost income, and other pecuniary damages. In Minnesota, certain family members can file a wrongful death claim. This usually includes the spouse, children, or parents of the deceased.
The statute of limitations period for wrongful death claims, to either settle the claim or to commence a lawsuit is three years from the date of the accident. Taking appropriate action within this timeframe is essential to ensure your rights are protected.
Importance of Legal Guidance
Navigating a wrongful death claim can be complex. Hiring a lawyer ensures that all legal procedures are followed, increasing the chances of a successful claim.
Uninsured/Underinsured Motorist Claim
If you’re in a car accident and the other driver doesn’t have insurance or doesn’t have enough insurance, you may need to file an uninsured or underinsured motorist claim.
This type of claim is usually a part of your insurance policy. It’s important to know that the exact time you have to file this claim can depend on the terms of your insurance policy. For uninsured motorist claims, generally, these must be settled, or a lawsuit commenced within six years of the date of the accident. For underinsured motorist claims, they typically need to be settled or a lawsuit commenced within six years of the date that the underlying liability claim is resolved. Each case is different, and because of the punitive nature of missing a statute of limitations deadline, it is important that you consult with an experienced Minnesota personal injury attorney as soon as possible so that your rights are protected.
While you may be unable to control when an accident occurs or if the other driver is insured, you can take proactive steps by ensuring you have uninsured/underinsured motorist coverage on your policy and understanding how long you must file a claim.
By acting quickly and seeking legal guidance from a trusted attorney, you can increase your chances of receiving fair compensation for damages and injuries caused by an uninsured or underinsured driver.
Comparative Fault Consideration
Comparative fault is a legal concept that considers the level of responsibility each party holds for an accident. In Minnesota, if it is determined that you were partially at fault for the accident, your compensation may be reduced or even eliminated depending on the percentage of fault assigned to you. This is why filing your personal injury lawsuit as early as possible is crucial.
Acting quickly allows more time to gather evidence and build a strong case against the at-fault party. Prompt action can increase your chances of receiving fair compensation while avoiding potential comparative fault complications.
Ready to Hire a Minnesota Auto Accident Attorney?
With the help of a Minnesota auto accident attorney, you can navigate the legal process and ensure your rights are protected. Contact Nelson Personal Injury, LLC today for a free case evaluation!