Best Wrongful Death Lawyers in Minnesota

About Wrongful Death Law in Minnesota, United States

Wrongful death law in Minnesota allows the close family members and loved ones of a deceased person to pursue a civil claim when a death is caused by another party's negligence, recklessness, or intentional act. Unlike criminal cases, which seek punishment, wrongful death claims are civil actions that seek financial compensation to help surviving loved ones recover from emotional and financial losses stemming from their relative's untimely passing. Common examples of wrongful death cases in Minnesota include fatal car accidents, medical malpractice, workplace incidents, unsafe premises, or defective products.

Why You May Need a Lawyer

Pursuing a wrongful death claim in Minnesota can be complex, and working with an experienced attorney can be valuable for several reasons. Some typical situations where people may need legal assistance include:

• Determining if wrongful death occurred due to negligence or intentional actions
• Establishing liability and collecting evidence to support your claim
• Calculating fair compensation for economic and non-economic losses (such as lost income, medical expenses, funeral costs, and loss of companionship)
• Navigating Minnesota-specific statutes, deadlines, and procedural requirements
• Dealing with insurance companies and opposing parties who may try to minimize your claim
• Handling disputes among surviving family members about the allocation of damages

Legal advice helps ensure your rights are protected and your case is presented effectively.

Local Laws Overview

Minnesota's wrongful death laws are contained in Minnesota Statutes Section 573.02. Key aspects include:

• Only certain individuals may bring a wrongful death lawsuit. This includes the surviving spouse, children, parents, grandparents, or siblings of the deceased, or a trustee appointed to act on behalf of the family.
• The claim must be filed within three years of the date of death and no more than six years from the act causing death, with rare exceptions.
• Damages may include compensation for medical expenses, funeral and burial costs, loss of income and support, loss of companionship, and pain and suffering experienced by the survivors.
• The court determines the fair and just amount of damages and how they will be divided among eligible family members.
• Wrongful death claims are separate from potential criminal charges, with a different burden of proof and different remedies.

Understanding these elements is crucial to protecting your rights and interests in a wrongful death case in Minnesota.

Frequently Asked Questions

What qualifies as wrongful death in Minnesota?

Wrongful death occurs when a person dies due to the wrongful act, neglect, or default of another person, company, or entity. Negligence, careless actions, and intentional wrongdoing can all form the basis for a wrongful death claim.

Who can file a wrongful death lawsuit in Minnesota?

Claims can be brought by the surviving spouse, children, parents, grandparents, siblings, or by a court-appointed trustee acting on their behalf. The trustee represents the interests of all family members entitled to recover damages.

Is there a time limit to file a wrongful death claim in Minnesota?

Yes. The general statute of limitations is three years from the date of death. However, the deadline cannot be more than six years from the wrongful act that caused the death. Exceptions may apply in special cases such as murder charges.

What compensation is available in a wrongful death lawsuit?

Damages may include medical expenses, funeral and burial costs, loss of income and support, loss of companionship, and pain and suffering of the survivors. Punitive damages may apply in rare cases involving egregious conduct.

How are damages divided among family members?

The court decides how the damages are distributed among the eligible family members, taking into account their losses and relationship to the deceased.

Is there a difference between civil wrongful death cases and criminal cases?

Yes. Civil wrongful death cases seek financial compensation for the family, with a lower burden of proof, while criminal cases seek to punish the offender and may involve incarceration or fines.

Do I need to prove fault to win a wrongful death claim?

Yes. You must demonstrate that the defendant's negligent or intentional actions directly caused the death and resulting damages.

Can I file a wrongful death claim if the deceased had children but was not married?

Yes. Children, parents, or a court-appointed trustee can file a claim even if the deceased was not married at the time of death.

What if my loved one's death was partially their own fault?

Minnesota follows modified comparative fault. If the deceased was less than 51 percent at fault, surviving family members can still recover reduced damages based on the percentage of fault.

Do wrongful death settlements affect other benefits, like life insurance?

Wrongful death compensation is typically separate from life insurance payouts, workers' compensation benefits, and similar payments, although coordination of benefits may be necessary in some cases.

Additional Resources

If you are seeking more information or assistance related to wrongful death in Minnesota, consider these resources:

• Minnesota Judicial Branch - Self Help Center: Offers general guidance on civil court procedures and wrongful death actions.
• Minnesota State Bar Association: Find qualified attorneys experienced in wrongful death law.
• Office of the Minnesota Attorney General: Provides publications and guidance on consumer rights, including dealing with legal disputes and loss.
• Local county law libraries: Access additional legal forms, resources, and staff assistance.
• Grief support organizations, such as local chapters of support groups for families dealing with sudden loss, can help you find both practical and emotional support.

Next Steps

If you believe you have a wrongful death claim in Minnesota, consider taking the following steps:

• Gather all relevant documents, such as medical records, accident reports, and correspondence related to your loved one's death.
• Make a list of potential witnesses and parties involved.
• Contact a knowledgeable Minnesota wrongful death attorney as soon as possible to discuss your situation and legal options.
• A professional can review your case, guide you through the legal process, ensure compliance with statutes of limitations, and help you pursue the compensation you deserve.
• Many wrongful death attorneys offer free consultations and will only charge fees if you recover compensation.

Taking timely action can help protect your rights and provide support during a difficult time.