Statute of Limitations
The legal deadline for filing a lawsuit or criminal charges -- if you miss it, you lose the right to bring the case.
A statute of limitations is a law that sets a deadline for filing a legal claim or bringing criminal charges. Once the time limit expires, the case generally cannot be brought, no matter how strong the evidence is.
Common statutes of limitations in Minnesota:
Civil cases:
- Personal injury: 6 years from the date of injury
- Written contracts: 6 years
- Property damage: 6 years
- Medical malpractice: 4 years from the date of the act, with some exceptions
- Defamation (libel/slander): 2 years
Criminal cases:
- Murder: No time limit
- Most felonies: 3 years (some exceptions for longer periods)
- Gross misdemeanors: 3 years
- Misdemeanors: 3 years
Important exceptions:
- Discovery rule: In some cases, the clock does not start until you discover (or reasonably should have discovered) the harm.
- Minors: The deadline may be extended for claims involving children. The clock often does not start until the child turns 18.
- Tolling: Certain circumstances, such as the defendant leaving the state, can pause the clock.
Example: You slip and fall at a store and are injured. In Minnesota, you generally have 6 years from the date of the accident to file a personal injury lawsuit. If you wait 7 years to file, the court will likely dismiss your case because the statute of limitations has expired.
When deciding whether it is too late to file a lawsuit or whether criminal charges can still be brought.