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Minnesota Personal Injury Laws

Minnesota follows a modified comparative fault system with a 51% bar, meaning you can recover damages if you are 50% or less at fault. Minnesota is also a no-fault auto insurance state, which affects when you can sue after a car accident. The general statute of limitations for personal injury is 6 years — longer than most states.

Last verified: 2025-02-24

Statute of Limitations

Personal injury claims must be filed within 6 years of the date of injury. This is one of the longest limitation periods in the country.

Exceptions

Discovery Rule6 years from discoveryDalton v. Dow Chemical Co., 280 Minn. 147 (1968)

When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered.

MinorsTolled until age 18, then standard periodMinn. Stat. § 541.15

The statute of limitations does not begin running until a minor reaches age 18.

Medical Malpractice4 yearsMinn. Stat. § 541.076

Claims against healthcare providers must be filed within 4 years of the act or omission, regardless of when the injury was discovered.

Wrongful Death3 years from date of deathMinn. Stat. § 573.02, subd. 1

Wrongful death actions must be commenced within 3 years after the date of death.

Fault & Liability Rules

Modified Comparative Fault (51% Bar)Minn. Stat. § 604.01

You can recover damages as long as your fault does not exceed that of the other party. Your recovery is reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing.

Damage Caps

Compensatory Damages: No cap

Minnesota does not impose a statutory cap on compensatory damages in personal injury cases.

Punitive Damages: No fixed statutory capMinn. Stat. § 549.20

Punitive damages require clear and convincing evidence of deliberate disregard for the rights or safety of others. While there is no fixed cap, awards must be proportional to the conduct.

Auto Insurance System

Minnesota is a no-fault auto insurance state. Your own insurance pays medical expenses and wage loss benefits regardless of who caused the accident. You can only sue the at-fault driver if you meet the tort threshold.

Tort Threshold

$4,000 in medical expenses, or permanent injury, permanent disfigurement, or 60+ days of disability

Filing Requirements

Filing Fee (District Court)$322Minn. Stat. § 357.021

Civil filing fee for district court as of 2024.

Cases are generally filed in the county where the cause of action arose or where any defendant resides.

Key Minnesota Statutes

Joint and Several LiabilityMinn. Stat. § 604.02

Defendants who are 50% or more at fault are jointly and severally liable for economic damages. Defendants below 50% fault are liable only for their proportional share.

Collateral Source RuleMinn. Stat. § 548.251

After a verdict, the defendant may petition the court to reduce the award by amounts the plaintiff received from collateral sources like health insurance, minus any premiums paid.

Wrongful DeathMinn. Stat. § 573.02

A trustee appointed by the court may bring an action for wrongful death on behalf of the next of kin within 3 years of the date of death.

Dram Shop LiabilityMinn. Stat. § 340A.801

A person injured by an intoxicated individual may sue the bar, restaurant, or liquor store that illegally sold alcohol to that person.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Minnesota Revisor of Statutes. For advice about your specific situation, consult a licensed attorney.

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