Wrongful Death Claim in Minnesota

A wrongful death claim is a claim to recover compensation for the losses suffered as a result of a wrongful death of a relative caused by someone's negligence.

To recover compensation, it must be shown that some person or company was responsible or at fault for causing the death. In most cases the other party's fault must be at least equal to or greater than the fault of the deceased.

Wrongful death claims in Minnesota are brought by a trustee. Usually a family member is appointed by the court to represent the close relatives of the deceased.

In Minnesota damages and losses are limited to the pecuniary or money losses suffered by the survivors. This generally means any financial contributions the deceased would have made -- such as monetary support.

Cases have expanded the law to allow recovery for the money value of contributions the deceased would have made in the way of comfort, assistance, advice, protection, companionship or to society. Minnesota Courts have extended the right of a family to recover for the Wrongful Death of an unborn fetus.

Minnesota does not allow recovery for grief, sorrow or pain and suffering, in a wrongful death claim. There is a statute of limitations for wrongful death claims in Minnesota. A lawsuit must be started within three years of the death or it will not be allowed.

If the death was caused by the illegal sale of alcohol, then each individual heir or next of kin must bring their own claim. A trustee is not used. In these cases the fault of the deceased is not held against the person making the claim. Notice of the claim must be given within 240 days of hiring an attorney and a law suit must begin within two years of the illegal sale of alcohol or again the claim will not be allowed.

These claims are commonly known as "Dram Shop" claims. If someone you are related to is killed as a result of someone else's fault or negligence, you should talk to an experienced personal injury lawyer to thoroughly assess whether you have a claim and how to go about making it.

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