A Tort is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor. Every state has its own time limits, or Statute of Limitations, within which you must file a lawsuit depending on the type of claim you have. Once the statute of limitations runs out the claim is no longer valid. Each Tort claim has a specific Statute of Limitations, or a period of time in which the claim must be initiated. If a Statute of Limitations expires, the claim is likely barred from ever being initiated. Minnesota Statutes Chapter 541 (https://www.revisor.mn.gov/statutes/?id=541) covers many Statute of Limitations in civil cases. Below are some Statute of Limitations for common tort claims:
Personal Injury arising from negligent conduct such as motor vehicle accidents, bicycle accidents, slip and fall accidents, motorcycle accidents or dog bite/animal attacks – 6 Years from the date of injury.
Personal Injury resulting from intentional misconduct such as assault or slander/defamation – 2 years from the date of injury.
Medical Malpractice claims – 4 years from the date of injury.
Wrongful Death claims – 3 years from the date of death. (In death cases resulting from Medical Malpractice, the Statute of Limitations is 3 years from the date of the procedure resulting in death. There is no Statute of Limitations for death caused by murder).
Product Liability claims – 6 years from the date of injury.
There are some exceptions to the Statutes of Limitations, such as if the claimant is under the age of 18. Anyone under the age of 18 when the injury occurs, has until age 19 to initiate litigation even if the Statute of Limitations would normally have run before the age of 19. This as well as other special circumstances, exist in many cases. It is important to review your potential claim along with the Statute of Limitations with an attorney. At Rinke-Noonan, we offer a free consultation to review your claim and advise you on Statute of Limitations issues. Contact us at (320)251-6700 to schedule an appointment.
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