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Death

Losing a loved one can be one of the most challenging experiences to go through. It is hard to make sense of what has happened and comprehend your loss. You may be overwhelmed by your situation and responsibilities.

We can help. If you retain our law firm, a Minnesota wrongful death attorney at our firm will investigate the facts surrounding the death of your loved one and take necessary legal action to protect the family’s legal rights. Our lawyers have gained a national reputation and have been interviewed by The New York Times, The Wall Street Journal, Lawyers USA, KARE-TV, KSTP-TV, WCCO-TV and other local and national publications and television stations. In recognition of their achievements, Minnesota attorneys Fred Pritzker, Elliot Olsen, and Eric Hageman have been named Minnesota “Super Lawyers” by Minnesota Law & Politics.  Fred Pritzker has also been selected for inclusion in the most recent edition of The Best Lawyers in America.

To contact a Minnesota wrongful death lawyer, please do one of the following:

Who Can Bring a Minnesota Wrongful Death Case?

In a Minnesota wrongful death case, the spouse and next of kin of the deceased can bring a claim against the parties responsible for the death. Under Minnesota wrongful death law, most wrongful death cases require the court to appoint a trustee, who will act on behalf of the family to bring a wrongful death claim. The wrongful death trustee is usually a family member.  A wrongful death trustee is not required for a dram shop claim, i.e., a claim against a business that sells liquor.

At the end of a Minnesota wrongful death case, the wrongful death trustee divides the proceeds among the family members.

Wrongful death cases are not criminal cases (only state and federal prosecutors can bring criminal charges), but rather cases brought under the Minnesota wrongful death law (Minnesota Statutes, section 573.02) are meant to compensate the heirs of the deceased for their losses.

Compensation for Families in a MN Wrongful Death Case

In a wrongful death case, the heirs are able to recover lost income that would have been provided for them had the deceased not been killed. In the state of Minnesota, it is only possible to recover pecuniary losses; you cannot recover damages for survivor grief or pain and suffering experienced prior to death for the deceased. However, it is possible to recover damages for:

  • Loss of advice
  • Loss of care
  • Loss of comfort
  • Loss of companionship

Under Minnesota Statute 573, heirs can also make a claim for reimbursement for:

  • Funeral expenses
  • Medical expenses
  • Lost potential earnings

Punitive damages can be recovered if it is clear that the defendant showed a clear disregard for the safety and rights of the deceased.

Statute of Limitations in a Minnesota Wrongful Death Case

Under Minnesota law, the heirs of the deceased have three years to file a wrongful death claim, unless the death was a result of medical malpractice in which case the Statute of Limitations for medical malpractice applies.

Accidents and Incidents That Can Lead to Wrongful Death

Wrongful death cases can involve a variety of accidents and incidents that resulted in death including:

The experienced Minnesota wrongful death attorneys at our law firm represent survivors of those killed in a wrongful death accident throughout Minnesota including but not limited to Minneapolis, St. Paul, Duluth, Rochester, Bloomington, Roseville, Forest Lake, Maple Grove, Little Falls and Wilmar.

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