FAQs About Wrongful Death Cases in Minnesota
Losing a loved one in an unexpected accident is something no family should have to endure. Unfortunately, it’s a reality for many families in Minnesota each year. Whether the cause is a workplace accident, a negligent driver, or a medical mistake, you may have the right to pursue a wrongful death claim if someone else’s negligence contributed to your loss.
Below are answers to some of the most common questions we receive about wrongful death cases. For more detailed information, contact our team at 612-INJURED by calling or texting (612) 465-8733. Our attorneys have handled numerous wrongful death cases across Minnesota and can help you pursue the compensation and justice your family deserves.
1. When Can You File a Wrongful Death Claim?
A wrongful death claim can be filed when a person’s death results from another party’s negligence, carelessness, or failure to uphold a duty of care. This includes fatal car accidents, medical malpractice, unsafe work environments, or defective products.
2. Who Can File a Wrongful Death Claim?
In Minnesota, wrongful death claims are generally filed by surviving family members, including a spouse, children, parents, or siblings. A court-appointed trustee usually represents the family’s interests and distributes any settlement or judgment according to state law.
3. How Long Do I Have to File a Wrongful Death Claim?
In most negligence-based wrongful death cases, Minnesota law provides a three-year statute of limitations from the date of death. However, intentional acts such as homicide have no statute of limitations, and medical malpractice wrongful death cases have separate time limits. Although it’s often difficult to act quickly after a loss, contacting an attorney early ensures that evidence is preserved and your family’s rights are protected.
4. What Types of Damages Are Available in a Wrongful Death Case?
Compensation in a wrongful death case depends on multiple factors, including the deceased person’s earnings, life expectancy, age, health, and the financial and emotional impact on surviving dependents. Damages may include:
- Loss of financial support and future income
- Medical and funeral expenses
- Loss of companionship, guidance, and consortium
- Emotional suffering for surviving family members
5. How Are Wrongful Death Damages Divided Among Family Members?
If surviving family members cannot agree on how to divide compensation, the court will make a fair determination based on each person’s relationship and dependency on the deceased.
6. Do You Need an Attorney to File a Wrongful Death Lawsuit?
While Minnesota law does not require you to hire an attorney, wrongful death cases are complex and emotionally challenging. The other party’s insurer will have experienced lawyers working to minimize their liability. Having a Minnesota wrongful death attorney on your side ensures your rights are protected and your case is handled with compassion and precision.
7. What If Family Members Disagree on Legal Representation?
If multiple family members are part of the claim but cannot agree on representation, each party can hire their own attorney. However, Minnesota law requires that all beneficiaries be included in a single wrongful death lawsuit. You can have separate lawyers, but all claims must proceed together in one case.
8. What Should I Do After a Wrongful Death Accident?
If you believe your loved one’s death was caused by another person’s negligence, contact an experienced wrongful death lawyer at 612-INJURED as soon as possible. An attorney can manage every legal aspect of your case while you focus on your family and healing. Trying to handle the legal process alone can be overwhelming—especially in the midst of grief. Early legal action helps preserve evidence and strengthens your claim.
Contact Us
To speak with a compassionate and knowledgeable Minnesota wrongful death attorney, call or text 612-INJURED at (612) 465-8733 for a free consultation. We’ll review your case, explain your options, and fight to secure justice and compensation for your family.