Post Summary:
Minnesota families can bring a wrongful death lawsuit in civil court even when there is a criminal case, no charges, or an acquittal. The claim seeks money damages for the next of kin under Minnesota Statute § 573.02, handled by a court-appointed trustee. Families should act within Minnesota’s deadlines, preserve evidence early, and speak with a wrongful death attorney to evaluate liability, damages, and strategy
Losing a family member because of someone else’s conduct brings shock, grief, and a flood of unanswered questions. In Minnesota, the law recognizes that families in this position carry real, measurable loss and provides a civil process that focuses on those left behind.
In Minnesota, a wrongful death claim arises when a person’s death is caused by the wrongful act, negligence, or fault of another. That covers crashes, medical negligence, unsafe property, defective products, and more.
Civil vs. Criminal: Two Separate Paths
Minnesota’s wrongful death statute, Minn. Stat. § 573.02, lets the family pursue compensation in civil court even if prosecutors file no charges or lose at trial. The burden of proof is lower in civil court: liability must be shown by a preponderance of the evidence, not beyond a reasonable doubt.
The court appoints a “trustee” to bring the claim on behalf of the surviving spouse and next of kin. Damages can include loss of support and income, loss of companionship and guidance, medical bills, and funeral expenses. Any settlement or verdict is shared among the next of kin as approved by the court.
When the Law May Apply
Common examples in Minnesota include a drunk or distracted driver causing a fatal crash, a trucking company pushing unsafe schedules, a property owner ignoring known hazards, or a hospital missing critical signs of decline. The key question is whether someone failed to use reasonable care and that failure caused the death.
Minnesota generally requires wrongful death cases to be served on the defendants within specific time limits, often within three years of the death. Other notice requirements with earlier deadlines may apply, depending on the case. Families strengthen their position when they act quickly, gather records, preserve physical evidence, and avoid speaking with insurers without counsel.
Take Decisive Legal Action for Your Family
If your family lost a loved one and you suspect another person or company bears responsibility, you have the option to talk with an attorney about a Minnesota wrongful death claim. Our lawyers can take on communication with insurers, review police and medical records, consult with qualified professionals, and assess the full scope of your family’s financial and relational losses so you do not have to handle those details on your own while grieving. When you feel ready to explore your legal options, contact Melchert Hubert Sjodin, PLLP at (952) 442-7700.
FAQ: Minnesota Wrongful Death Claims
Who can file a wrongful death lawsuit in Minnesota?
A Minnesota court appoints a trustee who files the lawsuit on behalf of the surviving spouse and next of kin. The trustee manages the claim, but the recovery belongs to the family members.
Can we bring a wrongful death case if the prosecutor did not file criminal charges?
Yes. The civil case is separate from any criminal case. You may sue even if there are no charges or if the defendant is acquitted in criminal court.
What should families do first after a potential wrongful death?
Request and keep all records, including police reports and medical records, collect photos or videos, avoid detailed statements to insurers, and contact a wrongful death attorney as soon as possible to review deadlines and evidence needs.
