Minnesota law sets a lower time limit for someone who dies as a result of negligence of another as in a car accident or other situations in which another party has liability for the death of that person. Minnesota sets a three (3) year Statute of Limitations from the date of death. The “Statute of Limitations” means you must bring an action, serve the other party with civil litigation, and file it with the Court prior to the three-year limitation period. If you fail to do so, you waive your claim against the other party. There are certain exceptions to this rule, which are further explained.
Minnesota Statute, Section 573.02 spells out the time limitation for bringing a wrongful death lawsuit in Minnesota. Generally, the statute of limitations for wrongful death claims in Minnesota is three years. There are, however, a number of exceptions.
First, if a person does not immediately die of his/her injuries, a lawsuit must be commenced within three years of their death but no more than six from the act that caused the injury/death. The subsequent death does not extend the limitations period another three years.
Additionally, if a death is caused by medical malpractice the claim must be filed within three years of the death. However, if the person does not immediately die of the medical negligent act, the action must be filed no more than four years after the date the cause of action accrued.
As you can see, the wrongful death statute in Minnesota is complicated and Full of exceptions. If you have questions about the statute and how it applies to your situation, you should seek an attorney experienced in handling wrongful death actions. Dudley and Smith, P.A. has many years of experience handling wrongful death claims. If you have questions, we would be glad to assist you and we can be reached at (651) 291-1717 or at email@example.com, contact either Katherine A . Brown Holmen or Joseph Dudley, who combined have over 50 years’ experience in handling wrongful death actions. Dudley and Smith, P.A. has offices located in Downtown St. Paul, Blaine, Bloomington, White Bear Lake, Woodbury, Burnsville, and Chanhassen.