Statutes of Limitations in Minnesota

Many people have heard of the term “statute of limitations”, but what does that term actually mean?  Statutes of limitations are laws that set forth the time limit for which a lawsuit for a particular action must be commenced.  In other words, if a person wants to start an action or lawsuit, that person must do so within the statute of limitations deadline for that particular matter, or else they will be forever barred from bringing a claim therefore losing their right to recover any damages for that claim.  Each state has different statutes of limitations so it’s important to speak with an attorney if you have questions about the time frame for bringing a lawsuit in your state.

What does it mean to “commence” an action?

In Minnesota, a lawsuit or action is considered “commenced” once a defendant is served with the summons and complaint for the action.  There are several ways in which a defendant can be served with court documents, so it is important that a defendant is served properly and according to the Minnesota Rules of Civil Procedure.   

When does the time limit for the statute of limitations begin?

For many statutes of limitations, the clock begins to tick as soon as the claim or injury arises.  For example, in Minnesota, the statute of limitations for an injury arising from a motor vehicle accident begins to run from the date of the plaintiff’s injury.

There are various statutes of limitations depending on what type of cause of action the claim will be pursued under. In looking at the example above, if a person wants to bring an action against someone for injuries arising from a car accident, that person must commence a lawsuit within six (6) years of the date of their injury. In another example, if a person wishes to bring a liquor liability or dram shop claim, the claim must be brought within two (2) years of the date of injury.  

It is important to note that there are many variances and possible exceptions to the above-referenced time elements and only an attorney who practices in that particular area of law would have knowledge about those precise time elements. As such, it is very important to consult with an attorney about these statute of limitations laws if you wish to move forward with a claim. If you think you have a personal injury claim and have questions about the applicable statute of limitation laws, contact McCullough & Associates today to ensure your claim can be brought.