Minnesota law limits the amount of time you have to file a personal injury lawsuit after a car crash. If you don’t file before the state’s deadline, you could lose the right to pursue damages altogether.
So, what is the statute of limitations for car accidents in Minnesota? You usually have six years from the date of the crash to file a lawsuit.
Evidence can disappear quickly after a car accident. Our car accident lawyers can investigate your accident, build a robust claim, and help you file it as soon as possible.
What Is the Minnesota Car Accident Statute of Limitations?
Per MN Statutes Sec. 541.05, the statute of limitations for most car accident injury claims in Minnesota is six years from the date of the accident. If you don’t file a personal injury lawsuit within this timeframe, you will likely forfeit the right to pursue compensation for the accident.
The sooner you reach out to our car accident lawyers at Postman Law, the better your chances of filing on time and obtaining fair compensation.
For a free legal consultation, call 844-767-8626
What Are the Exceptions to Minnesota’s Statute of Limitations?
Certain circumstances may alter the filing deadline for your case. Some of the most common exceptions include:
- Claims involving minors: If the injured person is under 18 years old at the time of the crash, they have until the date of their 19th birthday to file a lawsuit (even if the standard statute of limitations expires first).
- Mental incapacity: If an injured person is legally incapacitated when the accident occurs, Minnesota law may pause the statute of limitations until the incapacity ends. However, the extension generally cannot exceed five years, and the claim typically must be filed within one year after the disability is removed.
- Wrongful death claims: In the event of a fatal car crash, a wrongful death lawsuit generally must be filed within three years of the victim’s date of death.
- Claims against government entities: Claims against the State of Minnesota generally require notice within 180 days of the injury. Claims against municipalities often require notice within 180 days as well, although deadlines and requirements can vary depending on the government entity involved in your case.
- Defendant absent from the state: If the at-fault driver leaves Minnesota after the accident and remains outside the state, the time they are absent may not count toward the statute of limitations, potentially extending your case’s filing deadline.
- Discovery rule: If an injury or complication caused by the accident does not manifest or could not reasonably have been discovered until well after the crash, the six-year countdown may begin on the date the injury was (or should have been) discovered rather than the date of the accident.
What Happens if You Miss the Deadline?
In most cases, if you file your lawsuit after Minnesota’s car accident statute of limitations expires, the defendant can ask the court to dismiss your case. If the court grants that request, you may permanently lose your ability to recover compensation through the legal system, regardless of the strength of your case.
Not only that, but insurance companies may be less willing to negotiate once the statute of limitations has expired. Without the ability to file a lawsuit, your leverage during settlement discussions will be greatly reduced.
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What Types of Evidence Do You Need?
Car accident evidence often becomes harder to obtain as time passes. Important types of evidence in your personal injury case may include:
- Informes policiales
- Crash scene photographs
- Vehicle damage documentation
- Historial médico
- Declaraciones de los testigos
- Surveillance footage
- Cell phone records
- Expert testimony
Soon after your crash, security footage may be overwritten, and witnesses may move away or become difficult to contact. This is why it’s crucial to get legal help right away.
What Not to Say to the Insurance Adjuster
After a car accident, an insurance adjuster may contact you and ask questions about what happened. While it is important to cooperate with your insurer, you should be careful about making statements that could be used to reduce your settlement or deny your claim.
Specifically, you should avoid saying the following:
- “The accident was my fault.” Fault is not always clear immediately after a crash. An admission of fault before all the facts are known could be used against you later.
- “I‘m not injured.” Some injuries, including whiplash and soft tissue injuries, may not produce symptoms right away. Saying you are uninjured could make it harder to recover compensation if symptoms develop later.
- “I think” or “I guess.” Speculating about how the accident occurred can create inconsistencies that insurers may use to challenge your claim.
- “This is my official statement.” You generally should not provide a recorded statement to the other driver’s insurance company until you talk to a lawyer.
- “I accept your settlement offer.” Initial settlement offers are rarely worth as much as you deserve.
- “I don‘t need medical treatment.” Saying you don’t need treatment or suggesting your injuries are minor may undermine your claim if you later require additional care.
What Are the Four Things You Need to Prove Negligence?
To recover compensation from the driver who caused your accident, you generally must establish four legal elements:
- Deber de diligencia: The other driver owed you a deber de diligencia. All motorists have a responsibility to operate their vehicles safely and follow traffic laws.
- Breach of duty: The driver failed to meet that duty of care. Examples include speeding, texting while driving, running a red light, or driving while impaired.
- Causalidad: The driver’s actions directly caused the accident and your injuries. In other words, the crash would not have occurred were it not for the driver’s negligent conduct.
- Daños y perjuicios: You suffered actual losses as a result of the accident, such as medical expenses, lost income, property damage, pain and suffering, or other compensable harm.
Get Help from a Car Accident Attorney
While six years may seem like a long time, a strong car accident claim can’t be developed overnight. If you were recently injured in a crash, the car accident attorneys at Postman Law can collect evidence that supports your claim, guide you through the filing process, and, if necessary, fight for you in court.
Book a free case review to find out how you can pursue justice.