Wrongful Death Lawsuits in Minnesota
Who can bring a wrongful death claim in Minnesota, the deadline to file, and any limits on damages.
Short answer: 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. Minn. Stat. § 573.02, subds. 1, 3
| Who can sue for wrongful death | 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. |
|---|---|
| Wrongful death deadline | 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. |
More Minnesota personal injury & wrongful death
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- Medical Malpractice Rules in Minnesota
- Car Accident Claims in Minnesota
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- Sidewalk and Public Property Falls in Minnesota
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- Truck Accident Claims in Minnesota
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- All Minnesota personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in Minnesota?
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.
How long do you have to file a wrongful death lawsuit in Minnesota?
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).
Does Minnesota cap damages in personal injury cases?
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.
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.