Hiring a Wrongful Death Lawyer in Minnesota
Who can bring a wrongful death claim in Minnesota, the deadline, limits on damages, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Minnesota: fee rules
| Rules on contingency fees | Contingent fees are allowed except where Rule 1.5(d) or other law prohibits them. A contingent fee agreement must be in a writing signed by the client and state how the fee is figured, including the percentage(s) the lawyer gets on settlement, trial or appeal, the litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated. It must clearly tell the client about any expenses the client must pay whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the client's share and how it was figured. Lawyers may not charge domestic relations fees contingent on securing a divorce or on the amount of alimony, support or property settlement, or a contingent fee to represent a criminal defendant. |
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| If you disagree with a lawyer's bill | OLPR says most routine fee disputes are best resolved outside the discipline system, and that fee arbitration is a relatively fast and simple way to resolve them; call the Minnesota State Bar Association at (612) 333-1183 for your local fee arbitration committee. A clearly illegal or grossly excessive fee can lead to discipline. |
| If a lawyer takes your money | The Minnesota Client Security Board's fund can reimburse losses of money or property caused by a Minnesota lawyer's dishonesty (such as theft) in an attorney-client or related fiduciary relationship for a Minnesota matter; negligence, malpractice and fee disputes are not covered. The maximum the Board may pay on a claim is $150,000. File within five years of when you knew or should have known of the dishonest conduct. There is no charge to make a claim. |
Minnesota rules to know first
| Who can sue | The action is brought by a trustee appointed by the court on the written petition of the surviving spouse or one of the next of kin. The recovery is for the exclusive benefit of the surviving spouse and next of kin, divided by the court in proportion to each person's financial (pecuniary) loss, after funeral expenses are paid. |
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| Deadline to file | Within three years after the date of death, but no more than six years after the wrongful act or omission. Exceptions: deaths from medical professional negligence (three years from death, within the four-year malpractice limit), and deaths caused by murder (no time limit). Source: Minn. Stat. § 573.02, subd. 1 |
| Damage caps | No general cap on damages in personal injury cases was found in the statutes reviewed. Claims against the state and local governments are capped ($500,000 per claimant and $1,500,000 per occurrence for claims arising on or after July 1, 2009). In auto accident cases, noneconomic damages require meeting the no-fault threshold. |
Find and check a lawyer
| Lawyer referral service | The Minnesota State Bar Association offers MN Find a Lawyer, a free online directory of attorneys searchable by practice area and location, and points people to Minnesota Lawyer Referral, "a non-profit public service of the Hennepin and Ramsey County Bar Associations." Minnesota Lawyer Referral offers guided assistance from referral counselors by phone or online self-referral to vetted attorneys (mainly in the Twin Cities metro area) in more than 40 practice areas: "Get a 30-minute consultation for $30 or less." Phone 612-752-6699; hours Monday-Thursday 9 a.m.-4 p.m., Friday 9 a.m.-3 p.m. MN Unbundled connects people statewide with attorneys for brief tasks. MSBA public page: https://mnbars.org/?pg=Public |
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| Check that the lawyer is licensed | The Office of Lawyers Professional Responsibility (OLPR) Lawyer Search shows whether a Minnesota-licensed lawyer has received public discipline, has been placed on disability inactive status in lieu of discipline, or has a public discipline petition pending; court actions appear the next business day. Private discipline, dismissed and pending complaints are not public. For general licensing information (registration status), OLPR directs users to the Minnesota Lawyer Registration Database Search (MARS). |
| Check discipline history or file a complaint | Complaints about Minnesota lawyers go to the Office of Lawyers Professional Responsibility. File with the online form or mail a printed form to OLPR, Minnesota Judicial Center, Suite 105, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155. Describe events in order with dates and send photocopies, not originals (documents are scanned and shredded). The lawyer will receive your complaint, and if it becomes a public discipline case your complaint becomes part of the public record. Phone: 651-296-3952 or 1-800-657-3601. Disciplinary history request: https://olpr.mncourts.gov/lawyer-resources/disciplinary-history-request/ |
Free legal help
| Free legal aid | Minnesota's LSC-funded legal aid organizations give free civil legal help to eligible low-income people: Anishinabe Legal Services, Central Minnesota Legal Services, Justice North and Southern Minnesota Regional Legal Services. |
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.