Who Can File a Wrongful Death Lawsuit in Minnesota?

Who Can File a Wrongful Death Lawsuit?
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When facing the death of a loved one due to the careless actions of another, surviving family members can file a Minnesota wrongful death lawsuit seeking justice and accountability. However, there are strict rules in place dictating who can sue for wrongful death. 

Wrongful death lawsuits in Minnesota allow surviving family members to seek damages, but they must appoint a trustee to handle the case. Our experienced Minnesota wrongful death attorneys can determine who is eligible to file your lawsuit, the damages you can recover, and how to best proceed with your case. 

Our knowledgeable and compassionate attorneys at Sieben Polk P.A. can determine your eligibility and support your family by providing high-quality legal counsel and representation. Call (651) 437-3148 or contact us online to schedule your free consultation.

Key Takeaways
  • A court-appointed trustee can bring a wrongful death claim on behalf of surviving family members.
  • You can pursue economic and non-economic damages through a wrongful death lawsuit, such as medical expenses, funeral and burial costs, and loss of companionship.
  • The Minnesota statute of limitations for wrongful death claims is generally three years from the date of death.

Who Can Sue for Wrongful Death in Minnesota?

To file a wrongful death suit in Minnesota, a spouse or next of kin must first petition the court to appoint a trustee. The trustee, often a family member but not necessarily, seeks compensation on their behalf. Under the governing statute, you can file a claim if your loved one could have filed a personal injury claim had they survived.

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What Damages Can Be Recovered in a Wrongful Death Lawsuit?

Your wrongful death lawyer can seek economic and non-economic damages through your wrongful death lawsuit. Potential damages include:

  • Medical bills
  • Lost household income and benefits 
  • Loss of services, protection, and care
  • Loss of parental guidance and support
  • Loss of consortium
  • Pain and suffering prior to death 
  • Funeral and burial expenses

In some cases, you can also seek punitive damages. You must show that the other party acted with a deliberate disregard for your loved one’s safety. For example, a judge could potentially allow punitive damages in a wrongful death case involving a drunk driver with a history of the same offense.

How Long Do I Have to File a Wrongful Death Lawsuit?

Under Minnesota’s wrongful death statute of limitations, you generally have three years from the date of death to file a lawsuit. A judge may grant you more time, but no longer than six years from the date of the incident that led to death. 

It is important to remember that failure to file before the correct deadline will result in your case being dismissed. To avoid this, contact our skilled wrongful death attorneys as soon as possible. 

Our Injury Attorneys Can Help You Fight for the Justice and Compensation You Deserve.

Don’t Wait – Consult Our Skilled Wrongful Death Attorneys Today

Losing a loved one due to someone else’s carelessness can leave families facing significant financial burdens and lifelong emotional trauma. Though nothing can undo what happened, a wrongful death lawsuit allows you to seek a measure of justice, accountability, and compensation. 

Our attorneys have many decades of combined legal experience helping families across the state understand and exercise their rights. We’ve collected over $800 million in case results for our many deserving clients, including $1.25 million on behalf of the family of a woman who died in a car crash.

Let our knowledgeable and compassionate attorneys put our resources and experience to work for you. Call (651) 437-3148 or contact us online to schedule your free consultation.

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