Minnesota · Wrongful death · Updated
Wrongful death cases in Minnesota: the rules and the lawyers
The deadline to file, the fault rule and the other Minnesota rules that matter for a wrongful death case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Minnesota that take wrongful death cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
Deadline to file
3 years from death (6-year outer limit)
In Minnesota, a wrongful-death action may be commenced within three years after the date of death, but must be commenced within six years after the act or omission1.
That is the deadline for wrongful death cases. The usual deadline for other injury claims in Minnesota is 6 years.
If you were partly at fault
51% bar (vs. each defendant)
In Minnesota, if your fault is greater than the fault of the person you are suing, you generally can’t recover from them.
Firms we list
0 firms
None yet for wrongful death cases.
Know this first
Step 1: Six years to file in court
6 years(4 for medical mistakes; 3 for a death)
In Minnesota, injury lawsuits based on negligence (carelessness) generally get six years.
When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.
Minnesota limitations periods are spread across chapter 541 and the wrongful-death statute, and claims against cities, counties and the state also need a written notice of claim within 180 days of discovering the injury.
The law, as written
Personal injury: two-year and six-year periods6 years (negligence); 2 years (intentional torts)
In Minnesota, an action for libel, slander, assault, battery, false imprisonment or other tort resulting in personal injury must be commenced within two years, except where another section (such as § 541.05 or § 541.073) provides otherwise2.
If a family member died
Step 2: If someone died
A claim for a death can have its own deadline, and it may start on a different day. Here is the rule as the research found it.
The law, as written
Wrongful death3 years from death (6-year outer limit)
In Minnesota, a wrongful-death action may be commenced within three years after the date of death, but must be commenced within six years after the act or omission1.
If a government body was involved
Step 3: Claims against the state or a local government
If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.
The law, as written
Claims against cities and counties: notice180 days notice
In Minnesota, a person claiming damages from a municipality must present written notice to its governing body within 180 days after the loss or injury is discovered, stating the time, place and circumstances, the employees involved if known, and the relief sought3. Actual notice sufficient to put the governing body or its insurer on notice of a possible claim complies, and time during which the injured person is incapacitated by the injury does not count3.
Claims against the State of Minnesota: notice180 days notice
In Minnesota, a person claiming compensation from the state or a state employee acting within the scope of employment must give notice to the attorney general (for the University of Minnesota, to the attorney the regents designate) and to any state employee from whom compensation is sought, within 180 days after the loss or injury is discovered4.
How fault is counted
Step 4: If you were partly at fault
51% bar (vs. each defendant)
In Minnesota, if your fault is greater than the fault of the person you are suing, you generally can’t recover from them.
Minnesota uses modified comparative fault: a claimant's fault reduces the award, and bars recovery only when it is greater than the fault of the person the claimant is suing.
If they were a minor
Step 5: If the injured person is a child
The clock can run differently for a child’s claim.
The law, as written
MinorsTolled during minority
In Minnesota, the limitation period is suspended while the plaintiff is under 18, and, except for infancy, a disability may not extend the period by more than five years, nor in any case by more than one year after the disability ends5.
Next
Step 6: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. A lawyer licensed in Minnesota can tell you which ones apply.
- Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?
More Minnesota rules
This page keeps to the rules that matter most for a wrongful death case. The Minnesota page has all of them.
Injured in Minnesota: all deadlines and rules
Other case types in Minnesota:
After a wrongful death: the general guide
If someone in your family died because of another person’s carelessness: what a wrongful-death claim is, who can bring it, how it differs from a survival claim, getting records, and the deadline.
How to check a lawyer’s license in Minnesota
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take wrongful death cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Minn. Stat. § 573.02Read the source: Minn. Stat. § 573.02
- Minn. Stat. § 541.07Read the source: Minn. Stat. § 541.07
- Minn. Stat. § 466.05Read the source: Minn. Stat. § 466.05
- Minn. Stat. § 3.736Read the source: Minn. Stat. § 3.736
- Minn. Stat. § 541.15Read the source: Minn. Stat. § 541.15
This is general information, not legal advice.