Making an Injury Claim Against the Government In Minnesota

If you're injured by someone else's harmful conduct in Minnesota, you can usually bring a personal injury lawsuit against them in the state's civil court system. But if you think the negligence of a state or local government agency or employee is the cause of your injury or property damage, you'll need to play by a different set of procedural rules. Here's what you need to know.

Bringing a Tort Claim Against the Government in Minnesota

You can't usually file a lawsuit against any state, including Minnesota, since governments are typically "immune" from most kinds of legal actions filed against them. But Minnesota, like every state, has passed laws (often called "Tort Claims Acts") that amount to partial "waivers" of this immunity, allowing residents to hold the state and local government in certain situations (and subject to strict procedures).

(Note: A "tort" is just a legal term that includes most kinds of harmful action, like injury or damage to property.)

Tort Claims Against the State of Minnesota

Tort claims against the government at the state level are allowed under Minnesota Statutes section 3.736 Subd. 1, which says that the state will pay compensation if the negligence of a state employee who's acting in their official capacity ends up causing someone else to suffer:

• injury
• damage or destruction of property, or
• death.

Basically, this means that if there's an incident in which the state's conduct would result in liability if it were a private person, anyone harmed by that conduct can file a claim for compensation with the government.

Tort Claims Against Local Governments In Minnesota

A separate law (Minnesota Statutes section 466.02) lays out a similarly-broad standard for when cities, counties, and other local bodies can be liable: when their "officers, employees, and agents" cause harm while acting in the scope of their duties.

What Kinds of Injury Claims Against the Government Are Possible In Minnesota?

The broad-based wording of the statutes we laid out above makes clear that a wide variety of accidents and incidents could lead to an injury claim against the state or local government in Minnesota, including:

• car accidents causing injury or vehicle damage when a government employee caused the crash while working or while on duty, and
• a slip and fall accident or other mishap caused by a dangerous condition on government property.

But Minnesota's tort claims act statutes (including Minnesota Statutes section 3.736 Subd. 3) also identify a number of specific kinds of incidents where the state or local government usually can't be held liable, including harm caused by/involving:

• accumulation of snow or ice, in most instances
• conditions on "unimproved real property" owned by the state government
• use of the state's "outdoor recreation areas" or a local municipality's "parks and recreation" property
• use of a public "logging road"
• harm suffered by a visitor to the Minnesota Zoological Garden
• injuries caused by "animals in their wild state," and
• damage or destruction of property owned by a patient or inmate in a state-run institution.

This is by no means a complete list of exclusions from governmental liability in Minnesota, and (this being the law after all) there are exceptions to the exceptions. Talk to a Minnesota injury attorney or do a bit more research on your own to figure out how the law might apply to your specific situation.

What Is the "Notice of Claim" for Injury Claims Against the Government In Minnesota?

The most important thing to know about making an injury claim against the government in Minnesota is that you'll need to file a "notice of claim" pretty soon after the incident if you want to get compensation for your harm. This notice should include:

• the time, place and circumstances of the injury or other harm
• the names of any government employee known to be involved in the incident that led to the harm, and
• the amount of compensation you're demanding.

No specific form is required in order to provide proper notice, as long as it includes the above-listed information. If the government needs more details from you (including about the nature and extent of your injuries and damages) they'll request it, and you'll probably need to follow up with the requested information within 15 days. (Minnesota Statutes section 3.736 Subd. 5.)

At the state level, online claim forms and instructions are available from the Minnesota Department of Administration and Minnesota Department of Transportation. At the city level, the official websites of Minneapolis and Saint Paul provide potential claimants with instructions and claim forms. But again, you don't need to use any particular form in order to comply with the notice of claim requirement.

What's the Deadline for Filing a "Notice of Claim" In Minnesota?

Whether your claim will be against the state of Minnesota, or against a local government body like a city, the deadline for filing the notice of claim is the same:

• for claims over injury or property damage, the notice of claim must be filed within 180 days of the underlying incident. (Usually, this 180-day deadline won't include any time during which the claimant's injuries keep them from preparing or filing the notice.)
• for claims involving wrongful death, the personal representative of the deceased person's estate or a qualifying family member must file the notice of claim within one year after the incident that led to the death.

Minnesota Statutes section 3.736 Subd. 5 and 6 and Minnesota Statutes section 466.05.

Where Do I File a "Notice of Claim" In Minnesota?

At the state level, you can file the notice of claim with the Attorney General's office or, if the claim is against the University of Minnesota, to the person designated by the board of regents as the university attorney. If you're using an official claim form provided by the government (online or off), follow the form's instructions on where and how to submit. Minnesota Statutes section 3.736 Subd. 5 and 6.

At the local level, the notice of claim can be submitted to "the governing body of the municipality." So, a city's risk management (or similarly-named) division or a county clerk's office might be the right place to submit your notice, depending on the specifics of your claim. And again, if you're using the municipality's official form, just follow the submission instructions and you should be fine. Minnesota Statutes section 466.05.

What Happens After I File the "Notice of Claim" In Minnesota?

The notice of claim serves two main purposes:

• it lets the government know you intend to hold them liable for an injury or other type of loss, and
• it gives the government a chance to investigate the nature and merit of your allegations against them.

Typically, the government will review the notice of claim and decide whether or not to pay it (by offering a settlement). In other instances, the claim might be rejected, and you'll need to file a lawsuit in court if you want to get compensation from the government for your losses. Learn more about filing a personal injury lawsuit and get details on Minnesota's personal injury laws.

If the claim is rejected, you're free to take the matter to court. At this point, Minnesota's standard statute of limitations for filing a lawsuit will apply. So, for example, the claimant would have:

• two years to file a personal injury lawsuit over the incident
• six years to file a property damage lawsuit, and
• three years to file a Minnesota wrongful death lawsuit.

Are There Limits on Damages In Injury Claims Against the Government In Minnesota?

Yes. For most claims against the government in Minnesota, whether at the state or local level, the total amount of compensation the claimant can receive in "damages" is capped at $1.5 million for all claims arising from a single occurrence.

In the very fact-specific situation where the claim involves an outdoor recreational activity run by a nonprofit, but funded by the government or subject to a permit issued by the government, damages are limited to $1 million for all claims arising from a single occurrence.

Minnesota Statutes section 3.736 Subd. 4 and section 466.04.

Getting Help With an Injury Claim Against the Government In Minnesota

You don't always need a lawyer's help if you're making a claim for compensation against the government in Minnesota, especially if your injuries were minor and you're comfortable handling things on your own. You might even want to get the "notice of claim" filed and see how things proceed from there. If the government offers you a reasonable amount of money to settle your claim, you can accept it and that will be that.

But if it looks like things will need to proceed to the lawsuit phase, or if you'd just rather hand everything off to an experienced professional, it might make sense to have a lawyer on your side. Learn more about when you need a lawyer for a personal injury claim, and get tips on finding the right injury lawyer.