Personal Injury Statute of Limitations in Minnesota

Last verified 2026-07 · Source: Minn. Stat. § 541.07(1) ✓ verified · 3 sources

The deadline

2 years

from Date plaintiff suffers some damage (Minnesota's 'some damage' rule – not full discovery rule), under Minn. Stat. § 541.07(1).

Advertisement

The deadline to file a personal injury lawsuit in Minnesota is 2 years, set by Minn. Stat. § 541.07(1). It starts running on Date plaintiff suffers some damage (Minnesota's 'some damage' rule – not full discovery rule). This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.

Minnesota Deadlines for Related Claims

When the Clock Starts

In Minnesota, the limitations period for personal injury lawsuits generally begins on Date plaintiff suffers some damage (Minnesota's 'some damage' rule – not full discovery rule). Minnesota recognizes a discovery rule for this claim type: Minnesota applies a 'some damage' rule rather than a full discovery rule: the 2-year clock starts when the plaintiff suffers at least some actual harm from the defendant's conduct, not merely when the defendant acts negligently

Advertisement

Exceptions That Can Extend the Deadline

Modified comparative fault (51% bar) under Minn. Stat. § 604.01. The 2-year SOL under § 541.07(1) covers libel, slander, assault, battery, false imprisonment, and 'other tort resulting in personal injury' including slip-and-fall, dog bite, and general negligence.

Source: Minn. Stat. § 541.07(1), official Minnesota statute · verified 2026-07

What to Do Before the Deadline Runs

  1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
  2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
  3. Send preservation/notice letters where required (especially for Minnesota government defendants).
  4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Minnesota Compares to Nearby States

Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Minnesota?

You have 2 years from Date plaintiff suffers some damage (Minnesota's 'some damage' rule – not full discovery rule), under Minn. Stat. § 541.07(1).

Can I still sue after 2 years in Minnesota?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

Does the discovery rule apply to personal injury lawsuits in Minnesota?

Yes. Minnesota applies a 'some damage' rule rather than a full discovery rule: the 2-year clock starts when the plaintiff suffers at least some actual harm from the defendant's conduct, not merely when the defendant acts negligently

What if the victim was a minor?

Minnesota generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.

Is the deadline different for claims against the government?

180 days written notice required for claims against cities and counties under Minn. Stat. § 466.05

Advertisement

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Minnesota attorney.