Wrongful Death Statute of Limitations in Minnesota
Last verified 2026-07 · Source: Minn. Stat. § 573.02 ✓ verified · 3 sources
The deadline
3 years
from Date of death, but no later than 6 years after the act or omission causing death, under Minn. Stat. § 573.02.
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If you're researching wrongful death claims in Minnesota, the single most important number is 3 years. That's how long Minn. Stat. § 573.02 gives you to file a wrongful death lawsuit, counted from Date of death, but no later than 6 years after the act or omission causing death. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Minnesota Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 3 years | Minn. Stat. § 573.02 |
| Car Accident | 6 yrs | Minn. Stat. § 541.05, subd. 1(5) |
| Credit Card Debt | 6 yrs | Minn. Stat. § 541.05, subd. 1(1) |
| Medical Malpractice | 4 yrs | Minn. Stat. § 541.076 |
| Personal Injury | 2 yrs | Minn. Stat. § 541.07(1) |
| Dog Bite | 2 yrs | Minn. Stat. § 347.22 |
| Slip and Fall | 2 yrs | Minn. Stat. § 541.07(1) |
| Defamation | 2 yrs | Minn. Stat. § 541.07(1) |
| Breach of Contract | 6 yrs | Minn. Stat. § 541.05, subd. 1(1) |
| Medical Debt | 6 yrs | Minn. Stat. § 541.05, subd. 1(1) |
When the Clock Starts
In Minnesota, the limitations period for wrongful death claims generally begins on Date of death, but no later than 6 years after the act or omission causing death. Minnesota does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Damage caps: No statutory cap on compensatory damages; punitive damages potentially available
Surviving spouse or next of kin must petition a court to appoint a trustee who then files and controls the lawsuit — family members cannot file directly. Murder cases carry no time limit. Healthcare provider negligence: must file within 3 years of death and within 4 years of the negligent act.
Source: Minn. Stat. § 573.02, official Minnesota statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Minnesota government defendants).
- 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
| State | Deadline | Statute |
|---|---|---|
| Minnesota | 3 years | Minn. Stat. § 573.02 |
| North Dakota | 2 yrs | N.D. Cent. Code § 32-21-02 |
| South Dakota | 3 yrs | SDCL § 21-5-3 |
| Iowa | 2 yrs | Iowa Code § 614.1(2) |
| Wisconsin | 3 yrs | Wis. Stat. § 893.54 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Minnesota?
You have 3 years from Date of death, but no later than 6 years after the act or omission causing death, under Minn. Stat. § 573.02.
Can I still sue after 3 years in Minnesota?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
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Sources
- Official Minnesota Statutes § 573.02 – Action for Death by Wrongful Act
- Corroborating Wrongful Death Lawsuits in Minnesota – Nolo
- Corroborating Minnesota Wrongful Death Laws – FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Minnesota attorney.