Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Minnesota's wrongful death deadline has two clocks at once, and the shorter one wins.

Three years from death, six from the act

Under Minn. Stat. 573.02, a wrongful death action may be commenced within three years after the date of death, provided it is commenced within six years after the act or omission. If the injured person lived a long time before dying, the six-year limit can cut off the claim before the three years from death run out.

No deadline for murder

An action to recover damages for a death caused by an intentional act constituting murder may be commenced at any time after the death.

Medical negligence: a tighter outer limit

For deaths from the professional negligence of a physician, surgeon, dentist, hospital or sanitarium, or their employees, the action must start within three years of the death but never beyond the period in section 541.076. Summaries put that outer limit at four years from the date of the error.

Compared with an injury claim

Most negligence claims for a living plaintiff get six years under Minn. Stat. 541.05, with no discovery rule. A family bringing a death claim therefore has the same six-year ceiling but a firmer three-year working deadline from the death.

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation with a licensed Minnesota attorney immediately.