What is the Statute of Limitations for Personal Injury Claims?

How Long After an Injury Can You Sue?

There is no blanket answer to that question. Each state has its set of laws, called the statute of limitations, that decides how long you can wait before filing a lawsuit. If you wait beyond the written limitation, then a lawsuit is no longer possible. If you live in Minnesota and suffer a personal injury, it’s important to be familiar with the statute of limitations for this state specifically.For this reason, it’s important to ask a personal injury lawyer based in Minnesota when the statute of limitations ends.

If you wait too long and the statute of limitations has run its course, then you lose your right to bring a claim. While it is tempting to do your own research, due to the complexities of each individual case, it is prudent to work with a lawyer who is able to provide deeper insight than a simple internet search. A personal injury attorney will also help you file your lawsuit in a timely manner, and ensure that appropriate damages be recovered.

How Long is The Statute Of Limitations in Minnesota?

Generally, the time limit on claims depends on the type of claim. Here are a few examples:

Personal Injury – 6 Years
Assault and Battery – 2 Years
Medical Malpractice – 4 Years
Product Liability – 4 or 6 Years
Wrongful Death – 3 Years

So When Does the Countdown Begin? 

In most cases, the statute of limitations begins from the date of the incident or from the date at which you realize you have a basis to sue. For example, the statute of limitations for assault and battery is 2 years in the state of Minnesota. In a typical case, this would mean that the plaintiff has a period of 2 years to file a lawsuit from the date of being hit by the defendant.

There is also a “Discovery of Harm” rule, which means the statute of limitations begins when you discover the damage that has been done, rather than the date of the actual incident. The discovery of harm rule is especially common in medical malpractice claims. Sometimes, the patient had no reason to know any harm was done at the time of the procedure. For example, a patient might not know until years later that a surgeon mistakenly left a temporary bandage in the abdomen. Because the patient had no way of knowing beforehand, the statute of limitations would likely begin when the surgeon’s mistake was “discovered.”

When to Speak With a Lawyer

Injuries cost money, time, and bandwidth. After a personal injury, you have to take time off of work while also paying medical bills and for other complications. You also have to deal with the emotional hardship of recovering from the injury. Due to these difficulties, you should have a personal injury lawyer help you with your claim. Even if you are not sure if you have a good injury case, a lawyer can help you determine your options, and will help you understand the merits and limitations of your set of facts. Before reaching out, gather and organize all medical bills, records, and provider appointment notes that are in any way relevant to your injury. This will speed up the exploration process, and will help your lawyer to build a stronger case.

For legal counsel for your set of facts, contact the attorneys at Sandberg Haddon.

 

DISCLAIMER: This article is not intended for and should not be used as a replacement for legal advice.