Wrongful Death FAQ

Frequently Asked Questions Regarding Wrongful Death in Minnesota

What is considered a wrongful death in Minnesota?

A wrongful death in Minnesota is defined as a death caused by the wrongful act or negligence of another. These cases often arise from car accidents, medical malpractice, workplace accidents, and other scenarios where the deceased’s death was due to someone else’s fault.

Who can file a wrongful death claim in Minnesota?

In Minnesota, the personal representative of the deceased’s estate, often appointed by the court, files the wrongful death claim. This representative acts on behalf of surviving family members, including spouses, children, parents, and siblings.

How long do I have to file a wrongful death claim in Minnesota?

The statute of limitations for filing a wrongful death claim in Minnesota is generally three years from the date of the death. However, certain circumstances can affect this deadline, so it’s important to consult an attorney early following the death of your loved one.

What types of damages may be recoverable in a wrongful death lawsuit in Minnesota?

Damages in a Minnesota wrongful death lawsuit can include funeral and burial expenses, medical bills related to the deceased’s final illness or injury, loss of income and benefits, loss of companionship, and pain and suffering experienced by the deceased before death.

Are wrongful death settlements taxable in Minnesota?

Generally, compensation from a wrongful death settlement for physical sickness or injury is not taxable under federal or Minnesota state tax laws. However, certain components of the settlement may be taxable, so consulting a tax professional is advisable.

How is the amount of compensation one can seek determined in a wrongful death case in Minnesota?

The potential compensation amount in a wrongful death case in Minnesota depends on various factors, including the deceased’s earning potential, the financial and emotional impact on the survivors, and the circumstances of the death. Expert testimony may be used to help determine these amounts.

Can more than one family member file a wrongful death claim in Minnesota?

Minnesota law requires that all eligible family members join together in a single wrongful death lawsuit. Any family members who do not wish to participate must formally opt out of the claim.

What happens if the person responsible for the death in a Minnesota wrongful death claim does not have enough insurance?

In Minnesota, if the at-fault party’s insurance is insufficient to cover the wrongful death claim damages, compensation might be sought from other sources, such as the victim’s own uninsured/underinsured motorist coverage or through a lawsuit directly against the at-fault party’s assets.

Can a wrongful death claim in Minnesota proceed if the deceased was partially at fault?

Under Minnesota’s comparative fault laws, a wrongful death claim can still proceed if the deceased was partially at fault for the incident leading to their death. However, the total damages awarded can be reduced based on the deceased’s percentage of fault.