Wrongful Death Law

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Wrongful Death

Seeking Justice for Minnesota Families

When a loved one dies due to someone else's wrongful act or omission, Minnesota law allows the family to pursue a wrongful death claim. This is essentially a personal injury claim brought by the surviving family. Under Minnesota Statute §573.02, if the deceased person could have sued for personal injury had they lived, a court-appointed trustee (often a spouse or close relative) can file a wrongful death lawsuit on behalf of the spouse and next of kin.

  • Who Can File a Wrongful Death Claim

    A trustee appointed by the court brings the wrongful death lawsuit for the benefit of the surviving spouse, children, parents, or other dependents, according to their financial losses. In practice, close family members such as a spouse, children, and parents recover damages through this action. The trustee serves as the legal representative to pursue compensation on behalf of all eligible family members.

  • Common Types of Wrongful Death Cases

    Wrongful death claims can arise from many situations where negligence or intentional acts caused a death. Common cases include car accidents caused by negligent or drunk drivers, truck and commercial vehicle accidents, motorcycle and pedestrian accidents, workplace deaths (especially involving negligence or third-party fault), medical malpractice leading to death, nursing home abuse or neglect, defective products or dangerous drugs, premises liability such as slip and fall accidents, and intentional acts like assaults. Any situation where a negligent, reckless, or intentional act caused death may qualify for a wrongful death claim.

  • Damages in Wrongful Death Cases

    Minnesota wrongful death law allows families to pursue two main categories of damages:

  • Pecuniary Damages for the Family – These damages compensate surviving family members for their losses and include medical expenses incurred before death, funeral and burial expenses, lost income and benefits the deceased would have earned, loss of financial support and services the deceased provided, and loss of companionship, guidance, comfort, protection, and advice. Minnesota courts interpret pecuniary damages broadly to include not just economic losses, but also the invaluable personal contributions and relationships the deceased provided to their loved ones.
  • Survivorship Damages – The family can also pursue survivorship damages on behalf of the deceased, which compensate for the pain and suffering the deceased person experienced from the time of injury until death. If your loved one was conscious and in pain before passing away, these damages account for their physical pain and mental anguish.

In rare cases of extreme misconduct or gross negligence, punitive damages may also be awarded to punish the wrongdoer and deter similar future conduct.

  • Statute of Limitations

    Generally, a wrongful death claim must be filed within three years of the date of death. For deaths caused by medical malpractice, the three-year rule also applies. These deadlines are strictly enforced by Minnesota law, so it is important to act promptly. Missing the statute of limitations can eliminate your right to pursue compensation, no matter how strong your case may be.

How Zack Johnson Law Can Help

At Zack Johnson Law, LLC, we help Minnesota families navigate wrongful death claims with compassion and determination. We carefully review the circumstances of the fatal incident, identify all responsible parties, and handle interactions with insurance companies. We will explain exactly what damages you can recover and guide you through court proceedings or settlement negotiations. Our firm is committed to obtaining justice and financial support for families who have lost loved ones due to wrongful acts.

Contact Minneapolis/Twin Cities wrongful death attorney Zack Johnson for a free consultation. We offer compassionate, aggressive representation for Minnesota families in their time of need and handle cases on a contingency fee basis, meaning you pay no attorney's fees unless we recover compensation for your family.

If you lost a loved one due to someone else's negligence or wrongful act, contact us today to discuss your case.

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