Under Minnesota Statutes § 573.02, wrongful death is defined as any death caused by any person or corporation’s wrongful act or omission. A wrongful act can undoubtedly be an intentional act causing death (such as homicide), but it also includes acts of negligence that result in death.
The Minnesota wrongful death statute states that wrongful death actions are for the exclusive benefit of the deceased’s living spouse and next of kin. A wrongful death action seeks compensation not only for losses experienced by the deceased but losses the family has suffered because of his or her death as well.
If your loved was recently killed by another party’s negligence or intentional act, you will want to contact JD Haas & Associates as soon as possible. You can set up a free consultation to receive a complete evaluation of your case when you call (952) 345-1025 today.
Minnesota Wrongful Death Laws
In general, the statute of limitations (time limit) for filing a wrongful death claim in Minnesota is three years from the date of the victim’s death. Certain exceptions, however, exist to this rule.
For example, Minnesota Statutes § 573.02 states that a wrongful death action caused by the professional negligence of an enumerated medical professional also needs to be filed within three years but also establishes that cannot commence in any case beyond the four-year limit established under Minnesota Statutes § 541.076. Wrongful death claims can be extraordinarily complicated when they involve medical malpractice because many people are not immediately aware that a medical professional’s negligence was the cause of the fatality.
Additionally, Minnesota Statutes § 573.02 further provides that wrongful death actions for fatalities caused by intentional acts constituting murder can be commenced at any time following the death of the victim. It is essential to keep in mind that a criminal trial for murder is entirely separate from a wrongful death lawsuit, which is a civil case.
In other words, a person who is acquitted of murder can still be found liable for wrongful death. Perhaps the most infamous example of this dynamic is the case of O.J. Simpson, who was found not guilty of murder in his criminal trial but was found liable for wrongful death in his civil suit.
When a victim is diagnosed with a terminal condition relating to the wrongful act or omission of another party, the statute of limitations can extend up to six years from the date of the act causing death.
Surviving spouses, children, parents, grandparents, or siblings of the deceased can be entitled to various damages. In addition to funeral expenses, family members may recover damages for loss of income, loss of services, and loss of consortium or mental anguish.
Find a Wrongful Death Lawyer in Minnesota
Was your loved one killed by another party’s negligence or intentional act in Minnesota? Do not speak to any insurance company until you have legal representation.
JD Haas & Associates represents clients In communities in and around the Bloomington area. Our attorneys can review your case and answer all of your legal questions when you call (952) 345-1025 or contact us online to schedule a free consultation.