Legal Question in Personal Injury in Minnesota

Statute of limitations for total disability caused by car accident

A friend of mine was totally disabled by a car accident about 3 years ago, and due to her mental disability has not filed a personal injury action against the party at fault. She asked me to find out if she is still able to file based on this action, or if the statute of limitations will bar her. The general answer here on this site is that 6 years is the statute of limitations on this type of suit (541.05), but my reading of the law seems to show that there is a 2 year statute of limitations (MN 541.07). Can anyone help to clarify this for me? Thanks.


Asked on 9/24/07, 12:33 pm

2 Answers from Attorneys
J D Haas

Re: Statute of limitations for total disability caused by car accident

I am a Minnesota car accident lawyer. 541.05 provides the negligence statute of limitation for this case. That is 6 years from the accident date. A car accident is a negligence case. 541.07 provides a shorter time period for other types of cases for other types of cases such as defamation. Please contact me with further questions.

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Answered on 9/25/07, 10:04 am
J. Chris Carpenter Harvey and Carpenter

Re: Statute of limitations for total disability caused by car accident

As I recall, the wording of those two statutes IS confusing and always has been. However, as long as I've been doing P.I., it's been 6 years.

(Even if it weren't, the stat/lims is suspended if the person is mentally unable to bring the suit...sounds like that might apply here.)

Ruth M. Harvey

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Attorney at Law

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Answered on 9/25/07, 5:16 pm


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