How to File a Wrongful Death Claim in Minnesota

When faced with the loss of a loved one due to someone else’s negligence, families in Minnesota find themselves on a complex, emotional journey through the legal system. Wrongful death claims in Minnesota can only be filed by a court-appointed Trustee.  The Trustee can be a family member, heir, or other person qualified to act as Trustee on behalf of the heirs. At Knutson + Casey we have appointed hundreds of Trustees to act on behalf of families in wrongful death matters, and can act quickly to get the right Trustee appointed. 

If you have lost someone you love due to someone else’s careless or reckless behavior, you and the other family members and heirs deserve to be compensated for the losses you have endured, and deserve to have the right Trustee appointed to handle the claim. At Knutson + Casey, our attorneys have over 30 years of experience helping families like yours pursue justice. We understand how challenging losing a loved one can be and will handle every detail of your case as you focus on your family. We provide big firm power paired with small firm friendliness and will be at your side throughout the legal process.  

Criteria for a Minnesota Wrongful Death Claim

In Minnesota, wrongful death is defined as any death caused by a wrongful act or lack of action by a person or company. In other words, if the victim would have been able to file a personal injury claim if they had survived the incident, their Trustee may have grounds to file a wrongful death insurance claim, and lawsuit if necessary. Several types of events qualify for the basis of a wrongful death lawsuit, including the following:

  • Negligence-based accidents, such as motor vehicle accidents
  • Medical malpractice
  • Intentional acts such as crimes

While many states allow surviving family members to pursue a wrongful death claim, Minnesota requires claims to be filed by a court-appointed Trustee. The deceased’s spouse, family or next of kin may petition the court to appoint a trustee. In some cases, there is a dispute among family members as to who should be the Trustee, resulting in somewhat of a “race to the courthouse”.  While the Trustee is often a spouse, sibling, or child, in some cases, the court may appoint a grandparent or other representative as Trustee. The skilled attorneys at Knutson + Casey can get Trustees appointed by the court and then  begin investigating the case immediately to collect evidence and determine the best path forward.  They can work to appoint you as the Trustee, if that is what is best for the family and heirs. 

Damages You May Be Eligible to Collect Through a Minnesota Wrongful Death Claim

A wrongful death can take a substantial emotional and financial toll on the victim’s surviving family members. The experienced attorneys at Knutson + Casey have an established history of successfully helping families recover the following damages:

  • The Pain and Suffering of the Victim before death
  • Funeral and burial expenses
  • Loss of income and benefits
  • Loss of care and support
  • Loss of consortium – which can mean loss of aid, comfort and advice.

While securing compensation may be the furthest thing from your mind as you grieve your loss, it is essential to act sooner rather than later to pursue justice. In Minnesota, the statute of limitations for wrongful death cases is three years from the date of death and no later than six years from the original cause of injury. While this may seem like more than enough time to file your claim, it is in your best interests to contact an attorney as soon as possible to ensure critical evidence is collected before it disappears or is damaged. 

Speak With a Compassionate Wrongful Death Attorney at Knutson + Casey

At Knutson + Casey, our attorneys have been advocating for our client’s rights and interests since 1992. We understand the ins and outs of Minnesota law and are ready to apply our wealth of experience and skills to your case. Our attorneys know how challenging losing a loved one can be and will provide you with compassionate and unwavering support throughout the legal process. 

To schedule a free consultation with a member of our team, call us today at (507) 344-8888 or complete our contact form.