When someone passes away because of another person’s careless or reckless actions, Minnesota law gives surviving family members the right to bring a civil claim for wrongful death. These cases don’t seek jail time or criminal punishment. Instead, they allow families to hold wrongdoers financially accountable and seek justice through compensation.
A Minnetonka wrongful death lawyer at Fields Injury Law helps families across Hennepin County when they’ve lost a loved one due to someone else's fault. Whether the loss happened on Highway 7, near Ridgedale Center, or around Shady Oak Road, we’re here to explain your legal rights and what steps you can take next. We handle the legal side while you focus on your family.
Wrongful death cases often involve detailed investigations, specific court deadlines, and strict legal requirements. This page will explain what qualifies as wrongful death, who can file a lawsuit, what types of compensation may be available, and what the legal process looks like. If you’ve lost a loved one, contact Fields Injury Law for a free consultation to learn how we may be able to help.
What Constitutes Wrongful Death in Minnesota?
Under Minnesota Statute 573.02, wrongful death is defined as a death caused by a wrongful act or omission that would have allowed the injured person to sue for damages if they had lived. Since the person is no longer alive to bring a claim, the law allows certain family members to step in and file on their behalf.
Common Causes of Wrongful Death Claims
Wrongful death claims often arise from everyday situations where one person’s reckless or careless actions lead to another’s death. These incidents can happen anywhere in Minnetonka, but some of the most common events that give rise to wrongful death lawsuits include:
Car Accidents
Car crashes are one of the leading causes of wrongful death in Minnesota. Whether on Highway 7, Interstate 494, or neighborhood roads near Glen Lake, fatal accidents can happen due to speeding, distracted driving, or ignoring traffic signals. In many cases, survivors can hold the at-fault driver responsible for unsafe behavior behind the wheel.
Truck Accidents
Large trucks cause more severe damage because of their size and weight. Accidents involving commercial vehicles near warehouse areas, delivery zones, or routes like Highway 62 often result in fatal injuries. These claims may involve the truck driver, the trucking company, or both, especially if fatigue, poor maintenance, or violations of safety rules played a role.
Motorcycle Accidents
Motorcyclists have little protection in a crash, and even a low-speed collision can be deadly. Fatal motorcycle accidents frequently occur on Minnetonka Boulevard or during lane changes on busy roads. Claims may arise when drivers fail to yield, misjudge distances, or simply don’t see the motorcyclist.
Drunk Driving Accidents
Drunk driving remains a serious threat across Minnetonka and the surrounding areas. These tragedies are often preventable. When a person chooses to drive after drinking and causes a fatal crash, that driver may face both criminal charges and civil liability through a wrongful death lawsuit.
Pedestrian and Bicycle Accidents
Pedestrians and bicyclists are especially vulnerable when crossing roads like County Road 101 or traveling near schools and parks. Drivers who fail to slow down or yield in marked crosswalks often cause deadly injuries. Survivors can bring claims to seek justice for these avoidable losses.
Construction Accidents
Construction zones carry risks for both workers and the public. Fatal accidents on sites near commercial developments or residential projects may involve falling objects, machinery malfunctions, unsafe scaffolding, or lack of proper safety training. Employers, contractors, or third-party vendors may be responsible in these cases.
Dog Bite Injuries
While rare, some dog attacks lead to fatal injuries, especially for young children or older adults. When a dog owner fails to control a dangerous animal, Minnesota law allows families to pursue legal action. Claims may also involve landlords or property managers who ignore known risks on the property.
Defective Products
Manufacturers have a duty to design and sell safe products. When an item such as a vehicle part, household appliance, toy, or medication causes a death, survivors can file a wrongful death claim against the maker or seller. These cases often require thorough investigation to prove that a product failure or lack of warning led to the tragedy.
Difference Between Wrongful Death and Survival Actions
Wrongful death claims are meant to compensate family members for their losses. Survival actions, on the other hand, pursue damages the deceased would have claimed if they had survived. In Minnesota, both can be part of the same case, but each serves a different purpose.
Who Can File a Wrongful Death Lawsuit in Minnesota?
Minnesota law limits who can file these lawsuits. Not everyone who knew or loved the deceased can take legal action.
Eligible Family Members and Beneficiaries
Generally, the following family members may be able to file:
- Spouse
- Children
- Parents
- Siblings (in some cases)
- Other next of kin when closer relatives are unavailable
A court determines who receives compensation based on their relationship to the deceased and the impact of the loss.
Role of the Personal Representative
The lawsuit must be brought by a court-appointed personal representative, often a family member. This person acts on behalf of all beneficiaries and handles case-related decisions with help from the attorney.
What Happens When Multiple Parties Want to File
When more than one person wants to file, the court reviews each person's relationship to the deceased and decides how to proceed. Typically, everyone with a legal right to damages is included in the case once a personal representative is named.
Types of Damages Available in Wrongful Death Cases
Compensation in wrongful death cases covers a range of financial and emotional losses the family has suffered.
- Economic Damages: These include medical bills from treatment before death, funeral and burial costs, and income the deceased would have earned to support the family.
- Non-Economic Damages: These cover loss of companionship, guidance, and emotional support. The court can also award money for the suffering the deceased experienced before passing.
- Punitive Damages: In rare cases, if the conduct was intentional or grossly reckless, the court may allow additional damages to punish the wrongdoer.
- How Damages Are Calculated: Factors like age, health, income, and relationship to the survivors all play a role in setting the value of the claim. Judges and juries may also consider the emotional toll on the surviving family.
What Evidence is Needed to Prove a Wrongful Death Case?
Proving a wrongful death case requires strong evidence that shows someone else's fault led to the death.
Medical Records and Autopsy Reports
These documents confirm how the death occurred and may show whether it resulted from negligence, unsafe conditions, or a failure to treat a medical issue properly.
Witness Testimony and Expert Witnesses
Statements from people who saw the event or knew the circumstances surrounding it help build the case. In some cases, professionals such as doctors or engineers explain what went wrong and how the death could have been avoided.
Financial Documentation and Employment Records
Records that show the deceased’s income, job history, and benefits help estimate lost earnings. These documents also show the financial impact on the family.
How Long Do You Have to File a Wrongful Death Claim?
Time matters in wrongful death cases. Families need to act within a specific period to preserve their rights.
Minnesota's Three-Year Statute of Limitations
Minnesota gives families three years from the date of death to file a lawsuit. Once that time passes, courts may refuse to hear the case.
Exceptions That May Extend the Filing Deadline
Some exceptions allow more time. For example, if a child wants to bring a claim or the person responsible hid evidence, courts may allow the case to move forward beyond the three-year window.
Claims Against Government Entities
When a government agency or employee is involved, special rules apply. Notices may need to be sent within 180 days, and shorter time limits may apply, especially in cases involving public roads or schools.
Consequences of Missing the Deadline
Missing the deadline usually ends the case. That means no legal recourse and no financial recovery. Acting promptly protects your right to hold the responsible party accountable.
The Wrongful Death Legal Process in Minnesota
Wrongful death cases follow a series of legal steps. Fields Injury Law supports you at every stage.
- Initial Consultation: We start with a free meeting to talk about your case, answer questions, and look at potential legal options.
- Investigation: Our team collects medical records, police reports, surveillance video, and witness statements to build your case.
- Filing the Lawsuit: We prepare and file legal documents in court. Defendants are formally served with the complaint.
- Discovery Phase: Both sides share information, take depositions, and review documents. This step can uncover important facts.
- Negotiation or Trial: Many cases reach settlement after evidence is presented. If the other side refuses to offer fair compensation, we present your case in court.
How a Minnetonka Wrongful Death Lawyer Can Help Your Family
At Fields Injury Law, our legal team helps families in Minnetonka who have suffered an unimaginable loss.
- We handle all court filings, legal deadlines, and case planning while you focus on your personal healing.
- We examine all facts, gather documentation, and work with professionals to understand what happened.
- We calculate losses carefully, looking at lost income, services the deceased provided, and emotional losses that can’t be replaced.
- We talk to insurance companies and defendants, so you don’t have to deal with their pressure or low offers.
- We’re prepared to go to trial when the responsible party refuses to pay a fair amount.
- We offer steady, respectful support throughout the process, always focusing on your family’s well-being.
Frequently Asked Questions About Wrongful Death in Minnesota
How much does it cost to hire a wrongful death attorney?
Most wrongful death lawyers, including Fields Injury Law, work on a contingency fee. You don’t pay upfront. Instead, we collect a fee only if we recover compensation for you.
Can I file a wrongful death claim if the person died from a pre-existing condition?
Possibly. If someone else’s actions made the condition worse or caused the death, you may still have a valid claim. Medical records and expert input often help clarify this.
What if the person who caused the death doesn't have insurance?
There may be other options, including claims against employers, property owners, or third parties. In some cases, uninsured motorist coverage may apply.
How is wrongful death different from murder charges?
Wrongful death is a civil case that seeks financial compensation. Murder charges are criminal cases filed by the state and seek prison time or other punishment.
Can I still file a wrongful death claim if there was a criminal conviction?
Yes. Civil and criminal cases are separate. A conviction can help support the civil case, but it’s not required for you to move forward with a lawsuit.
Contact Our Compassionate Wrongful Death Attorneys in Minnetonka Today
Families in Minnetonka only have a limited time to act under Minnesota law. The sooner you speak with a Minnetonka personal injury lawyer, the sooner your legal rights are protected.
At Fields Injury Law, we offer a free consultation to review your case. You don’t owe us anything unless we recover compensation for your family. We handle wrongful death claims with care and professionalism, always working toward the best result for your loved ones.
Reach out today to learn how we can help. Call 612-206-3495 or message us online to schedule your free case review.
