If you have lost a loved one due to someone else’s negligence in Minnesota, understanding your legal rights is a critical first step toward justice. This guide covers Minnesota’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Minnesota uses a unique procedural structure – requiring a court-appointed Trustee rather than a standard Personal Representative – that distinguishes it from most other states.
Minnesota Wrongful Death Laws
The Minnesota Wrongful Death Statute
Minnesota’s wrongful death law is governed by Minnesota Statutes § 573.02. Minnesota requires a court-appointed Trustee to bring the wrongful death lawsuit on behalf of the surviving beneficiaries. This is different from the Personal Representative structure used by most other states.
Who Can File
A court-appointed Trustee files on behalf of the surviving spouse, children, and parents of the deceased.
Statute of Limitations
Minnesota imposes a 3-year statute of limitations, measured from the date of death.
Recoverable Damages
Minnesota allows recovery for pecuniary loss, loss of support, and loss of companionship, along with funeral expenses. There are no caps on wrongful death damages in Minnesota.
Survival Action
Minnesota maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Minnesota
1. Robins Kaplan LLP
Location: Minneapolis, MN (National powerhouse)
Phone: (800) 320-8383
Website: https://robinskaplan.com
A towering presence in national and Minnesota litigation. They handle the most catastrophic, high-stakes fatal incidents including medical malpractice, defective products, and aviation disasters. They seamlessly guide families through the unique Minnesota process of appointing a Special Trustee and have the immense financial backing to litigate against any global corporation.
2. Schwebel, Goetz & Sieben
Location: Minneapolis, MN
Phone: (612) 377-7777
Website: https://schwebel.com
The largest personal injury law firm in Minnesota. They have handled thousands of fatal auto, motorcycle, and commercial trucking accidents. Because Minnesota has no damage caps, their deep bench of attorneys focuses heavily on proving the massive, lifelong pecuniary loss to the surviving spouse and children, frequently securing multi-million dollar settlements.
3. TSR Injury Law
Location: Edina, MN (Serving statewide)
Phone: (612) 877-0000
Website: https://tsrinjurylaw.com
Known for a compassionate, client-first approach, TSR Injury Law specializes in drunk driving fatalities and severe premises liability deaths. They are highly adept at managing the separate survival action alongside the Trustee’s wrongful death claim, ensuring families recover fully for the devastating loss of companionship.
Frequently Asked Questions
What is unique about Minnesota’s Trustee requirement?
Most states require a Personal Representative – typically appointed through probate court – to file a wrongful death lawsuit. Minnesota instead requires the court to appoint a Special Trustee specifically for the wrongful death action. While the practical outcome is similar, the procedural path is different and requires an attorney familiar with Minnesota’s specific Trustee appointment process.
Are there caps on damages in Minnesota?
No. Minnesota imposes no caps on wrongful death damages.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 3-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Minnesota’s wrongful death framework – no damage caps and a 3-year filing window – provides families with strong legal tools. The firms listed above have the expertise to navigate the Trustee appointment process and pursue maximum recovery. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.