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★ Minnesota · head & brain

Head & brain settlements
in Minnesota.

By Reviewed by Abd Shanti, Founder9 min read

An off duty bar employee who hit his head on the sidewalk while helping throw out a drunk patron died of a traumatic brain injury, and the Minnesota Supreme Court let his family’s claims against the bar go forward. A third grader struck in the forehead by a bat at school softball practice lost her claim to official immunity.

Facts that decide a head & brain claim in Minnesota

Claims against governmentNotice within 180 days for cities and for the State; liability is capped at $500,000 per claimant and $1.5 million per occurrence.Minn. Stat. §§ 466.05, 466.04, 3.736; see our notice table
Fault ruleYour fault “does not bar recovery … if the contributory fault was not greater than the fault of the person against whom recovery is sought,” but damages are reduced by your share.Minn. Stat. § 604.01, subd. 1
Deadline to sueSix years for negligence claims “for any other injury to the person or rights of another, not arising on contract.”Minn. Stat. § 541.05, subd. 1(5)
No-fault thresholdIn a car crash case you can recover pain and suffering only if medical expenses exceed $4,000 or the injury causes permanent disfigurement, permanent injury, death, or disability of 60 days or more.Minn. Stat. § 65B.51, subd. 3
united states · sister site
Your head & brain claim in Minnesota. See the number for your own case.

FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

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★ MN · reported head & brain outcomes

What Minnesota courts have awarded.

Real Minnesota decisions and verdicts, each linked to the court record or official report.

  • Henson v. Uptown Drink
    Minnesota Supreme Court · 2019
    Summary judgment reversed; claims go forward

    In March 2011, two men drank heavily at a Minneapolis bar; one of them, by his own estimate, had 6 to 10 beers and shots. When staff moved to eject them, off duty employee Maxwell Henson helped, and three men tripped and fell onto the sidewalk at the front door. Henson hit his head, never regained consciousness and died six days later of a traumatic brain injury. The Supreme Court affirmed that his family’s innkeeper negligence and dram shop claims could proceed.

  • MFK v. Walker-Hackensack-Akeley School District
    Minnesota Court of Appeals · 2024
    School district immune; claim dismissed

    In May 2017, nine year old MFK was at a school softball practice with several stations when another player accidentally hit her in the forehead with a bat, leaving a permanent bump. A coach ran a concussion protocol and called her parents. The court held the coaches exercised protected discretion in supervising the stations and that the school district shared that official immunity.

★ MN · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Minnesota.

  1. 1

    Bars can be liable for injuries during ejections of intoxicated customers under the dram shop act and innkeeper duties, as Henson shows.

  2. 2

    Claims against schools face immunity defenses; discretionary supervision choices are often protected.

  3. 3

    Notice to a school district or city is due within 180 days of the injury.

★ MN · statute of limitations
6 years for personal injury (uncommonly long); 4 years for medical malpractice

Minn. Stat. § 541.05, § 541.076

★ MN · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ head & brain · same region & fault regime

Compare to like jurisdictions.

How Minnesota's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Minnesota · you are hereModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpractice—
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · head & brain →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · head & brain →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · head & brain →
OhioModified comparative, 51% bar2 years from date of injuryOH · head & brain →
South DakotaSlight versus gross negligence3 years from date of injurySD · head & brain →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · head & brain →
MontanaModified comparative, 51% bar3 years from date of injuryMT · head & brain →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · head & brain →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · head & brain →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · head & brain →
MississippiPure comparative negligence3 years from date of injuryMS · head & brain →
New MexicoPure comparative negligence3 years from date of injuryNM · head & brain →
★ MN · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Minnesota? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of MN
Minnesota overview

Fault rule, statute, caps, and key facts for Minnesota as a whole.

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Minnesota. See /methodology, /sources, and /disclaimer.