Personal Injury Lawsuit in Minnesota
Filing a personal injury lawsuit in Minnesota is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
2 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
No-Fault
Auto System
$15,000 – $65,000
Avg Settlement
Lawsuit Steps in Minnesota
Hire an Attorney
Most personal injury attorneys in Minnesota work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Minnesota court. You must file within 2 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Minnesota court rules.
Key Minnesota Law Facts
Minnesota requires all drivers to carry personal injury protection (PIP) coverage of at least $40,000 per accident under Minn. Stat. § 65B.44, providing substantial no-fault benefits for medical expenses and lost wages before tort claims are pursued.
To step outside Minnesota's no-fault system and file a tort lawsuit, the injury must meet a serious injury threshold — including death, permanent disfigurement, or medical expenses exceeding $4,000 — under Minn. Stat. § 65B.51.
Minnesota uses modified comparative negligence with a 51% bar under Minn. Stat. § 604.01 — plaintiffs who are 51% or more at fault cannot recover, while lesser degrees of fault proportionally reduce the award.