Personal Injury Claims & Lawsuits In Minnesota (2026)
Summary
- Minnesota usually gives you six years to begin a personal injury claim
- Modified comparative negligence laws apply in Minnesota
If you’re shopping at your local Cub Foods and trip over a damaged floor tile, hurting your head, it’s essential to know what your legal options are for covering your losses. When an accident occurs because of negligence or wrongful conduct, you may be able to begin a personal injury claim.
When filing personal injury claims & lawsuits in Minnesota, there are certain time limits and comparative negligence laws that you will need to keep in mind. Here’s a closer look at the filing process.
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Common Types of Personal Injury Claims in Minnesota
The type of claim you can file depends on how you suffered your injuries. Whether you were hurt in a motor vehicle accident or a procedure involving medical malpractice, knowing how to proceed can help you better protect your rights.
Motor Vehicle Accident
If you’re in a motor vehicle accident, you generally must first file a claim against your personal injury protection (PIP) insurance. That’s because Minnesota is a no-fault state. If you suffer injuries that go beyond what your PIP can cover, however, you may be able to file a personal injury claim, which requires proving that the other party was to blame.
Because of the state’s modified comparative negligence laws, you can be partly responsible for the crash and still recover compensation. The majority of motor vehicle accident claims don’t go to trial, but if your case does, you have about a 61% chance of success.
General Injury
Any injury you sustain because of another party’s negligent or wrongful conduct can fit into this category. If a cleaning product didn’t have clear warnings and caused you harm, or if your landlord failed to maintain the building’s boiler and that led you to suffer burns, then you can begin a claim.
General injury claims are typically filed against the party’s auto or homeowners insurance.
Workers’ Compensation
Personal injury claims & lawsuits in Minnesota that involve work injuries or illnesses are different. Your employer has to carry workers’ compensation insurance to cover medical expenses and lost wages.
This functions as no-fault insurance, so you don’t have to prove negligence. You will not usually be able to file a lawsuit against your employer, however.
Sexual Assault
If you suffer any type of sexual assault, including harassment, you can begin a personal injury claim against the perpetrator. You will need to prove what happened by a preponderance of evidence instead of beyond a reasonable doubt.
Most often, you would file the claim against the defendant’s general liability insurance. If it’s not possible to reach a settlement, you can sue the defendant and any other liable parties, such as institutions that should have kept you safe.
Dog Bite
Minnesota has strict liability laws for dog bites. This means that if you didn’t provoke the dog and you were not trespassing, their owner is fully responsible for the injuries you suffered. That’s the case even if the dog has never bitten anyone before.
Slip and Fall
Property owners have to maintain safe premises for visitors and guests. If they knew there was a slipping hazard and did not address it, you can file a claim against them if you fell as a result. You would pursue the claim against their premises liability insurance or homeowners insurance.
Medical Malpractice
Medical malpractice involves medical professionals who offer care that falls below the standard. If another professional with the same training would not have made an error that harmed you, then you can file to recover your losses. You could pursue compensation from the negligent provider and, using vicarious liability laws, hold hospitals responsible, too.
Filing a Personal Injury Claim
To file a personal injury claim in Minnesota, get immediate medical care and start gathering as much evidence as possible to prove that the other party was responsible. Next, hire a personal injury lawyer to represent you. They can write and send the demand letter, which states the facts of the claim and the compensation you’re seeking.
Negotiations can then begin. You should never attempt these alone, since you can end up with a lower settlement than you need. Your attorney will know how to negotiate effectively and ensure you don’t accept an unfair offer. Up to 70% of all claims resolve in a settlement.
One thing to keep in mind is that Minnesota only allows you a certain amount of time to file a claim. In most cases, you will have six years to file, but if you’re beginning a medical malpractice claim, you may only have four years.
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How the Personal Injury Lawsuit Process Works in Minnesota
Learn more about the steps you will need to take when starting a civil claim.
Investigation
The first part of the personal injury lawsuit process is the investigation of the incident that led to your injuries. This will help establish liability, allowing you to pursue a claim against everyone who may have been responsible for your losses. Your lawyer will look into the specifics of the case and clearly establish which parties you can file against.
Collection of Evidence
The next step is to begin gathering evidence to demonstrate the severity of your injuries and how the incident occurred. This will mean collecting medical records, eyewitness statements, expert witness testimonies and accident reports. In claims involving vehicles, there may also be traffic camera footage to access.
Some of the most complex cases are those dealing with medical malpractice. Minnesota requires that you present an affidavit of merit from a medical professional when you file one of these claims. That is not easy to obtain without an attorney because you will likely not have the right contacts.
Calculation of Damages
To be able to calculate economic damages, your lawyer will look at all of the injuries you sustained, the medical expenses you have incurred, and your future needs.
They will take into account the wages you may have lost as you received treatment and whether you will be able to return to your regular work. If you can’t, it will be necessary to calculate your loss of earning potential.
Non-economic damages will also be a factor. The severity of your injuries and how they impact your life will determine the pain and suffering damages you receive.
Negotiations
Once you and your attorney have established the losses you have suffered, it is time to begin the negotiation process. This is often the most difficult part of a claim. You can expect insurers to do everything they can to minimize your claim.
One tactic they may use is to state that the incident occurred because of your own actions. Although Minnesota allows you to still recover losses if you were partly to blame because of its modified comparative negligence laws, if you hold the majority of fault, you won’t be allowed to recover anything.
Trial (if Needed)
If the negotiations are not successful, the next step would be to go to trial. This process begins with the discovery phase, where all parties exchange information and evidence. Depositions will occur, and there will be pre-trial motions to address specifics before the trial starts. Negotiations can continue throughout all of these steps.
Typical Personal Injury Settlement Amounts in Minnesota
There isn’t clear data for Minnesota, but throughout the country, the average personal injury settlement is $40,500. The average settlement for car accident injuries and property damage is $30,416, while the average workers’ comp settlement is $44,200.
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When You Need to File a Lawsuit
Although most cases resolve before going to trial, sometimes, a lawsuit is the only way to recover losses. If negotiations aren’t progressing, insurance companies have denied your claim or there are disputes about fault, it may be time to go to court.
Your attorney can file an official lawsuit in the appropriate courthouse, which starts the process. Parties will then exchange information, and negotiations can continue throughout this process. About 15% to 20% of cases call for filing lawsuits. Of these, only 3% to 5% reach trial.
Get Matched With a Personal Injury Lawyer in Minnesota
When you partner with a local lawyer, you have someone on your side who knows the area and understands the unique complexities of Minnesota law. At ConsumerShield, we can connect you with carefully vetted local attorneys.
Getting started is easy. Contact us for a free case review today.
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Frequently Asked Questions
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Generally, yes, going to trial means that the entire process will take significantly longer.
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You can receive compensation to cover medical expenses, lost wages and pain and suffering.