Minnesota: The 2-vs-6-Year Confusion, and Real Tolling Rules

A single wrong citation has made its way across dozens of websites. Here's what's actually true, and the real exceptions worth knowing.

Where the 2-year myth actually comes from

One Minnesota legal resource puts it directly: "a quick, surface reading of Minnesota statutes and dozens of online resources may lead to the conclusion that the statute of limitations for all personal injury actions is only two years, but that is not the case." The confusion traces to Minn. Stat. § 541.07, which genuinely does set a two-year deadline — but specifically for intentional torts, not for the negligence-based claims that make up the overwhelming majority of personal injury cases. Negligence claims instead fall under the six-year rule in § 541.05.

Why this distinction genuinely matters

Someone who reads the wrong figure and assumes they have only two years might rush into litigation unnecessarily, or worse, assume they've lost their right to sue when they genuinely still have years remaining under the correct six-year rule. Confirming which statute actually governs a specific claim — based on whether it sounds in negligence or an intentional act — is the single most important first step.

Minors: the clock waits for 18

Minnesota generally tolls the statute of limitations for a minor's own injury claim until they turn 18. From that point, the full applicable deadline runs fresh — meaning a child injured at age 10 by ordinary negligence would generally have until age 24 to file, since the six-year clock doesn't start until their 18th birthday.

Fraud: a true discovery rule

Under § 541.05, subdivision 1(6), a claim for relief based on fraud is not deemed to have accrued until the aggrieved party actually discovers the facts constituting the fraud — a genuine discovery-based starting point, rather than running automatically from the date of the underlying fraudulent act.

What doesn't pause the clock

A genuinely common and costly misunderstanding: actively negotiating a settlement with an insurance company does not toll or pause Minnesota's filing deadline. The clock keeps running the entire time talks are ongoing, regardless of how close the parties seem to a resolution.

Minnesota discovery rule & tolling — frequently asked questions

Why exactly do so many sources get Minnesota's personal injury deadline wrong?

Because Minn. Stat. § 541.07 sets a two-year deadline, and it's easy to assume that's the general personal injury rule — but that section actually governs intentional torts specifically, while ordinary negligence claims fall under the six-year rule in § 541.05 instead.

How long does a minor have to file an injury claim in Minnesota once they turn 18?

The clock is generally tolled while the claimant is a minor, then the full applicable deadline — six years for a negligence claim — runs from their 18th birthday. A child injured at age 10 would generally have until age 24.

What is Minnesota's discovery rule for fraud?

Under Minn. Stat. § 541.05, subdivision 1(6), a fraud-based claim is not deemed to have accrued until the aggrieved party discovers the facts constituting the fraud.

Does incapacity from the injury itself pause Minnesota's deadlines?

In some contexts, yes. Minnesota law can account for periods during which a person is incapacitated by their injury from taking certain required actions, though the specifics vary by the type of claim involved.

Does negotiating with an insurance adjuster pause Minnesota's statute of limitations?

No. Settlement negotiations do not toll or pause the filing deadline. The clock keeps running regardless of how active the negotiations are.

This page provides general guidance only and is not legal advice. Figures are based on Minnesota statute (Minn. Stat. § 541.05, § 541.07), verified per our methodology. Whether tolling applies to a specific situation depends on its facts. Confirm with a licensed Minnesota attorney before acting.