Losing a family member because of someone else’s negligence or wrongdoing is devastating. A wrongful death claim can’t undo that loss, but it can hold the responsible party accountable and help support the family left behind.
What Is a Wrongful Death Claim?
Under Minnesota law (Minn. Stat. § 573.02), a wrongful death claim may be brought when a death is caused by the wrongful act or omission of another person or company—such as a car or truck crash, unsafe property, a defective product, or medical negligence.
A civil claim can proceed whether or not criminal charges are filed.
Who Brings the Claim?
In Minnesota, the case is brought by a trustee appointed by the court on behalf of the surviving spouse and next of kin. We help families petition for the trustee’s appointment and handle the case from there.
What Can Be Recovered?
Damages are based on the loss to the surviving spouse and next of kin, including lost financial support and services; loss of the person’s counsel, guidance, and companionship; funeral and burial expenses; and reasonable medical expenses from the final injury or illness.
How Long Do I Have?
Generally, a claim must be started within three years of the death, and no more than six years after the act or omission that caused it. Different deadlines can apply, including in medical malpractice cases, so it’s important to talk to an attorney early.
