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Minnesota Personal Injury Law

Statutes of Limitations: The amount of time you have to sue whoever caused your injury or damage.

  • Personal Injury – 2 years
  • Damage to Personal Property – 6 years
  • Medical malpractice – 4 years
  • Legal malpractice – 6 years from when the damage occurred
  • Other professional malpractice – 6 years

Where to Sue:

  • Personal injury claims under $7,500 – Minnesota Conciliation Court
  • Personal injury claims over $7,500 – Minnesota District Court

How to Sue:

Small Claims Court:

  • Forms: Minnesota Conciliation Court Statement of Claim and Summons (Form CCT102)
  • Where to file: In the Conciliation Court where the defendant resides, or where the injury or property damage occurred.
  • How to notify the defendant (service): Ask the Small Claims Court Clerk to mail a Minnesota Affidavit and Claim form to the defendant by first class mail, or if the claim is for more than $2,500 by certified or registered mail return receipt requested. You may also ask the clerk to mail it for you for a fee. In addition, a sheriff or a court approved disinterested adult may personally serve the defendant.
  • Proving the defendant was notified: If the defendant was served by mail, a certified or registered mail card is adequate proof of service. If the defendant is personally served by a sheriff, or other disinterested adult, the process server should sign and file the Conciliation Court Affidavit of Service (Form CCT103) with the Conciliation Court at least 7 days prior to the hearing
  • Attorneys: Attorney representation at a trial in Minnesota Conciliation Court is allowed.
  • Appealing a small claim: Both parties may appeal the decision of a Minnesota Conciliation Court. You must file the appeal in the District Court within 20 days from the Notice of Judgment.

Minnesota District Court: Prior to filing your case, consult a Minnesota personal injury attorney. Personal injury suits can be intricate and complicated. If you make mistakes in filing your case or at other phases of your suit, you could suffer a variety of consequences, such as lose your claim, be fined by the court, or have your claim dismissed.

  • Forms: Minnesota District Court Summons and Complaint
  • How to File: File the Minnesota District Court Summons and Complaint with the Minnesota District Court Clerk in the district where you intend to sue, and pay the filing fee. The clerk will stamp and return the forms to you for service on the defendant.
  • How to Notify the Defendant: A sheriff or disinterested adult must hand the Minnesota District Court Summons and Complaint to the defendant. The Minnesota District Court Summons and Complaint may also be mailed to the defendant by first class mail.

What to Do if You Are Being Sued:

  • Time to respond to a Summons in Minnesota: 20 days.
  • Seek the advice of an experienced attorney
  • Notify your insurance company if the injury or damage occurred in an incident at your residence or place of employment. If you have insurance coverage, you may be entitled to an attorney at the expense of your insurance company.

What to Do if a Judgment Was Entered Against You:

If you do not reply to a Minnesota Summons and Complaint within 20 days of receiving service, a default judgment may be entered against you. If a default judgment has been entered against you, you have automatically lost the case, and you must pay the damages the plaintiff seeks unless you are able to have the judgment set aside.

  • Time to Set Aside a Judgment in Minnesota:
    • A Minnesota District Court can set aside a judgment if the defendant was not properly notified of the suit where there was mistake, inadvertence, surprise, excusable neglect. Otherwise, a judgment can be set aside for fraud or newly discovered evidence for up to one year after entry.
    • A Minnesota District Court may set aside a judgment at any time if the defendant did not receive proper notice, or if the judgment is void.
  • Contact a lawyer if a default judgment has been entered against you.

Ways to Collect Your Judgment:

  • If you are successful in your Minnesota personal injury lawsuit, you may collect your judgment by asking the court to set up a payment plan. If the defendant does not pay, you can place a lien on the defendant’s property or garnish his wages or bank accounts.
  • Seek the advice of a Minnesota debt collection lawyer for help collecting your judgment.
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