Minnesota Notice of Claim

Introduction

Key Things to Know

1. 1

   The deadline is short and strict. Missing it can bar the claim. Reading the statute or contacting the Attorney General's office or the municipality's clerk or risk management office confirms the current rule for your claim.

2. 2

   State track (Minn. Stat. 3.736, subd. 5 and 6): notice is presented within 180 days after the loss or injury is discovered. For wrongful death, it is due within 1 year after the injury or loss resulting in death.

3. 3

   Local track (Minn. Stat. 466.05): the claimant causes notice to be presented to the governing body of the municipality within 180 days after the alleged loss or injury is discovered. For wrongful death, the period is 1 year.

4. 4

   A State claim is presented to the Attorney General or, for a claim against the University of Minnesota, to the person the regents designate as the university attorney. It is also presented to any state employee from whom compensation will be sought.

5. 5

   The notice states the time, place and circumstances of the loss or injury, the names of employees known to be involved, and the amount of compensation or other relief demanded. Leaving out the amount does not invalidate the notice, but the claimant must furnish full information on the injuries and damages within 15 days of a demand (3.736, subd. 5).

6. 6

   Actual notice of sufficient facts to reasonably put the State, the municipality or its insurer on notice of a possible claim complies with the notice requirement. The notice period also excludes time during which the injured person is incapacitated by the injury from giving notice.

7. 7

   For claims arising on or after July 1, 2009, liability is capped at $500,000 per claimant, including wrongful death, and $1,500,000 per occurrence, for both the State and municipalities (3.736, subd. 4; 466.04). Municipal limits are doubled for hazardous-substance releases. Punitive damages are not allowed.

Minnesota Requirements for Notice of Claim

• State Notice Deadline

  Minn. Stat. 3.736, subd. 5 and 6: notice within 180 days after the loss or injury is discovered; wrongful death within 1 year after the injury or loss resulting in death.

• Municipal Notice Deadline

  Minn. Stat. 466.05: notice to the governing body of the municipality within 180 days after the alleged loss or injury is discovered; wrongful death within 1 year.

• State Recipients

  Minn. Stat. 3.736: the Attorney General or, for the University of Minnesota, the university attorney designated by the regents, plus any state employee from whom compensation will be sought.

• Actual Notice and Incapacity

  3.736, subd. 5; 466.05, subd. 1: actual notice of sufficient facts to the government or its insurer complies, and time the injured person is incapacitated by the injury is excluded.

• Damages Information on Demand

  3.736, subd. 5: leaving out the amount demanded does not invalidate the notice, but full information on injuries and damages is due within 15 days of a demand.

• Damages Limits

  Claims arising on or after July 1, 2009: $500,000 per claimant and $1,500,000 per occurrence (3.736, subd. 4; 466.04). Municipal limits doubled for hazardous-substance releases. No punitive damages.

• Required Notice Contents

  State the time, place and circumstances of the loss or injury, the names of employees known to be involved, and the compensation or other relief demanded.