When a person is harmed due to the negligence of another person, they have the option of going forward with a personal injury lawsuit. It only makes sense for the victim of an accident, product malfunction, or medical malpractice to take the necessary legal steps, so they are fairly compensated for the harm they experienced.

If a person wants their legal claim to be taken seriously, they should speak with a lawyer who has experience in this field. A lawyer will be able to give them insight into their situation and help them with coming to a proper decision regarding what legal path they should pursue to get the most possible benefit.

One of the important factors to keep in mind when filing a personal injury claim is to ensure that the deadlines are properly followed. The statute of limitations puts a limit on how much time a person has to file such a claim. In Minnesota, the statute of limitations allows two years for anyone who wants to file a lawsuit caused by the following:

  • Battery
  • Slander
  • Assault
  • Battery
  • False imprisonment
  • Tort

The liability principle that is followed in such cases is the principle of negligence. This means that the individual who caused the harm must have owed a duty of care to the victim and their lack of following their duty of care is what caused significant harm. If a person acted carelessly or they intentionally hurt someone, they may be held accountable in court for up to two years after the incident occurred. The clock starts ticking from the date of the alleged incident that led to the injuries.

If the deadline to file the claim is missed then the court will very likely dismiss the case at the request of the defendant.

Exceptions to the Statute of Limitations in Minnesota

The statute of limitations must be followed carefully, but there are some exceptions in which a person may be allowed to pursue a claim despite passing the required deadline. For example, if the victim was under 18 years old or they were not legally sane when the injury occurred then the clock starts ticking after the person turns 18 or when they are mentally competent again.

Every case is different and anyone who has questions regarding their injury case and the statute of limitations should speak with an experienced lawyer as soon as possible.

Get in touch with an attorney at the Law Office of Martin Montilino today to get the legal details on filing a personal injury claim.

Reach them at:

3109 Hennepin Avenue South

Minneapolis, MN 55408

(612) 236-1320

[email protected]