Losing a loved one in an accident is one of the most devastating tragedies a person can experience, especially when their death could have been prevented. In Minneapolis, wrongful death lawsuits allow certain family members to pursue financial compensation when another party’s negligence or misconduct causes a fatal injury.
Understanding who qualifies to file a claim can help you determine your legal options for seeking civil accountability. This article discusses who can file a wrongful death claim in Minneapolis, MN, and what kinds of recovery may be available to eligible family members.
What Is a Wrongful Death in Minnesota?
Under Minnesota law, a wrongful death occurs when a person dies as a result of another party’s negligence or wrongful misconduct. If the deceased person had had the right to file a personal injury lawsuit had they survived, their family or estate may be able to bring a wrongful death or survival action.
Wrongful death cases can result from accidents, such as:
- Car crashes
- Truck accidents
- Construction accidents
- Workplace accidents
- Product defects
- Premises liability incidents
- Other personal injuries
These cases are designed to compensate surviving family members for the economic and emotional losses resulting from the death and ensure that families have recourse when they lose financial support and companionship.
Who Is Eligible to File a Wrongful Death Lawsuit?
Unlike some states, Minnesota does not allow individual family members to directly file a wrongful death lawsuit on their own. Instead, the court appoints a trustee (often a close family member) to file the claim for the benefit of all eligible surviving relatives.
Individuals who may be eligible to recover damages include:
- Spouses
- Children (including adopted children)
- Parents
- Siblings or other close relatives, depending on the circumstances
The court ultimately determines who qualifies as a next-of-kin beneficiary and how any recovery is distributed among surviving families. This process ensures that all eligible parties are fairly represented and compensated.
Who Can File a Survivor Action?
A survivor action is distinct from a wrongful death claim. While a wrongful death lawsuit focuses on the losses suffered by surviving family members, a survivor action seeks damages the deceased person could have recovered if they had lived.
In Minnesota, survivor-type claims are also typically brought through the wrongful death trustee as part of the overall case.
These claims may include compensation for:
- Medical expenses incurred before death
- Conscious pain and suffering experienced by the deceased
- Lost wages between the time of injury and death
In other words, the trustee may pursue both wrongful death damages (for the family) and survival-type damages (on behalf of the deceased’s estate) within a single legal action.
What Damages Can I Recover in a Fatal Accident Case?
Wrongful death lawsuits provide financial relief and accountability after a tragic loss. These civil claims provide surviving families with the opportunity to recover economic damages for financial losses related to the death and non-economic damages for the personal, non-monetary losses experienced by the family.
Your damages may include:
- Medical bills related to the fatal injury
- The deceased’s pain and suffering prior to death
- Funeral and burial expenses
- Loss of the deceased’s income and financial support
- Loss of companionship, guidance, and care
- Emotional suffering of surviving family members
Minnesota does not impose caps on wrongful death damages. However, the court evaluates the facts of each case to determine if an award is fair and just.
Call the Minneapolis Wrongful Death Attorneys at Hall Law Personal Injury Attorneys for a Free Consultation Today
These cases involve complex legal procedures, such as seeking the appointment of a trustee, identifying next of kin, and calculating damages. If you believe your family may have a wrongful death claim, contact Hall Law Personal Injury Attorney for help understanding your rights and options for seeking compensation.
For more information, please contact an experienced wrongful death lawyer at Hall Law Personal Injury Attorneys to schedule a free initial consultation today. We have three convenient locations in Minnesota, including Minneapolis, St. Cloud, and Edina.
We proudly serve Hennepin County, Stearns County, and its surrounding areas:
Hall Law Personal Injury Attorneys – Minneapolis
825 Nicollet Mall, Suite 615
Minneapolis, MN 55402
(800) 292-1979
Find us with our GeoCoordinates: 44.97514068188609, -93.27349979814521
Hall Law Personal Injury Attorneys – St. Cloud
1010 W St Germain St # 320
St Cloud, MN 56301
(320) 255-1000
Find us with our GeoCoordinates: 45.55903612908877, -94.16420517306956
Hall Law Personal Injury Attorneys – Edina
5200 Willson Rd #203
Edina, MN 55424
(952) 697-5560
Find us with our GeoCoordinates: 44.90963991439301, -93.34937342327198
