Filing a Wrongful Death Action in Minnesota

If you have a loved one who died because of the direct actions or negligence of another party, you are entitled to file a wrongful death lawsuit. Our compassionate and knowledgeable Minneapolis wrongful death attorneys will help you get justice for your loved one. You deserve compensation for your loss and the person responsible should be held accountable.

What is a Wrongful Death?

Minnesota defines a wrongful death as a death that is caused by the wrongful act or omission of any person or corporation. Specifically, a wrongful death is when a person’s death is caused by the wrongful act or negligence of another. A wrongful death action may be filed by family members who have lost the support and companionship of the deceased because of their wrongful death.

Who Can File a Wrongful Death Claim?

A wrongful death lawsuit is a civil action that is brought by the relatives of the deceased. It is a lawsuit against the party who is responsible for the wrongful death. In Minnesota, only certain surviving family members can file a wrongful death action. If the deceased was married, the spouse at the time of death can file a lawsuit. If the victim also had children, the children also have a claim. If the deceased was married but had no children, the parents of the deceased victim can file a wrongful death suit along with the spouse. Brothers and sisters are entitled to file an action if the deceased had no surviving children or parents at death. Parents of a young child may also bring a wrongful death action. Anyone who is considering filing a wrongful death action should consult with an attorney to make sure they have a valid claim and are entitled to recovery.

What Damages Can Be Recovered?

Eligible survivors can recover damages for medical care costs of the deceased, funeral and burial expenses, loss of protection and care suffered by the surviving family members, loss of the deceased’s income and wages, and personal and mental distress and loss suffered by the surviving family members.

Is There a Time Limit to File a Wrongful Death Suit?

Minnesota law requires that a wrongful death lawsuit be filed within three years from the date of the deceased person’s death. There are a few exceptions, however, failing to file a claim within the three-year time period generally means the court will not hear the case.

Contact a Lawyer to File a Wrongful Death Action 

The laws to file a wrongful death lawsuit vary by state. Securing an experienced Minnesota wrongful death attorney will ensure you meet the necessary filing deadlines and meet all the state requirements. This area of law is complex and requires a skilled advocate to fight on your behalf. The sooner you contact Gunther Law Office, the sooner we can start working to gather evidence and identify witnesses to support your claim. We are dedicated to getting you the full compensation you deserve for your loss.

Resource:

revisor.mn.gov/statutes/?id=573.02