Minnesota

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Minnesota pairs no-fault auto insurance with 51% modified comparative fault and one of the country’s broader state human-rights laws. Whether you’re in Hennepin, Ramsey, or Greater Minnesota, knowing how the no-fault rules interact with your tort claim matters.

Practice areas in Minnesota

Common questions about Minnesota attorneys

Under the Minnesota No-Fault Act (Minn. Stat. § 65B.41 et seq.), every Minnesota auto policy includes at least $40,000 in basic economic-loss benefits — $20,000 for medical and $20,000 for income loss and other economic damages. After a crash, you file with your OWN insurer regardless of fault. You can sue the at-fault driver in tort only if you cross the threshold under § 65B.51 — $4,000 in medical expenses, 60+ days of disability, permanent injury, or death.
Six years from the date of injury under Minn. Stat. § 541.05 for most general negligence claims — one of the most generous SOLs in the country. Auto-accident claims that don’t involve a separate intentional tort fall under the 6-year window for most plaintiffs. Medical malpractice has its own 4-year SOL under Minn. Stat. § 541.076. Claims against state entities require a 180-day notice under Minn. Stat. § 3.736.
The Minnesota Human Rights Act (Minn. Stat. § 363A) applies to employers of any size — Title VII requires 15+. It covers more protected classes — including marital status, public assistance status, familial status, and sexual orientation (since long before federal law). It allows uncapped compensatory and punitive damages plus attorney fees. The Department of Human Rights handles administrative charges with a 1-year SOL — substantially longer than the federal 180 or 300-day window.
Under Minn. Stat. § 604.01, you can recover only if your fault is 50% or less. At 51% or more, you recover nothing. The jury assigns percentages, and your damages are reduced by your share. The Minnesota rule is one of the more common formulations — distinct from the 50%-bar states like Georgia and Colorado where exactly 50% fault still bars recovery.
Minnesota med-mal plaintiffs must serve an Affidavit of Expert Review with the complaint under Minn. Stat. § 145.682 attesting that an expert has reviewed the facts and the case has merit. A second Affidavit of Expert Identification is due within 180 days — identifying the experts and summarizing their opinions. Missing either deadline is typically fatal. The requirements were designed to screen out non-meritorious cases at the pleading stage.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.