Minneapolis-St. Paul Wrongful Death Lawyers
Losing a loved one because of someone else’s negligence is one of the most painful experiences a family can face. The accident that took your loved one should never have happened, and you should not have to bear financial hardship on top of your grief. The experienced attorneys at Keller, Woods & Thompson, P.A. are committed to pursuing the full compensation you and your family deserve. We fight tenaciously for families who have lost someone they love through a preventable car accident.
Families often find themselves facing difficult questions in the weeks and months after a fatal accident. Medical bills may still be arriving, household income may suddenly disappear, and insurance companies may begin contacting family members before they fully understand their legal rights. Understanding how wrongful death claims work can help families make informed decisions during an incredibly challenging time.
What Is a Wrongful Death Claim and How Does It Work?
A wrongful death claim is a civil lawsuit brought on behalf of a deceased person’s estate and surviving family members. It seeks to hold the responsible party financially accountable for the death and to compensate those left behind for both the economic and personal losses they have suffered. While no legal action can undo the tragedy, a wrongful death claim acknowledges the real and lasting harm caused by your loved one’s death.
Wrongful death claims arise from a legal principle: when someone’s negligent, reckless, or intentional conduct causes another person’s death, the surviving family members have the right to seek compensation. The claim is distinct from any criminal charges that may be filed. A civil wrongful death action is pursued separately, and the outcome does not depend on whether criminal charges are brought or result in a conviction.
Who Can File a Wrongful Death Claim in Minnesota?
In Minnesota, a wrongful death action is not filed directly by family members. Instead, the surviving spouse or next of kin petitions the court to appoint a trustee. That trustee then files the lawsuit on behalf of the deceased person’s estate. If the case is successful, the court distributes the proceeds to the surviving spouse and other qualifying relatives, such as children or parents, based on the losses each person has suffered.
Minnesota’s wrongful death statute is found at Section 573.02 of state law. It governs who may bring a claim, how a lawsuit begins, and what the process looks like. Our attorneys will walk you through exactly what this means for your family’s situation during your initial consultation.
Common Causes of Wrongful Death Claims
Wrongful death claims can arise from a wide range of negligent or intentional conduct. Some of the most common causes our attorneys handle include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Slip-and-fall incidents
- Dog attacks
- Motorcycle accidents
- Alcohol-related accidents
If your loved one died because of another party’s actions or failure to act, do not try to determine on your own whether you have a viable case. Let an attorney review the facts and help you understand your options.
Damages Available in a Minnesota Wrongful Death Case
Economic and Non-Economic Losses
No amount of money can replace a person or fully account for the impact of their absence. However, a wrongful death claim works to recognize both the financial and personal costs your family has sustained. In Minnesota and Wisconsin, recoverable damages typically include:
- Final medical expenses related to the fatal injury
- Funeral and burial costs
- Loss of the deceased’s future earnings and financial support
- Loss of benefits the deceased would have provided, such as health insurance
- Mental anguish and emotional suffering experienced by surviving family members
- Loss of companionship, guidance, and care
- Loss of assistance and household services
In rare circumstances, courts may also award punitive damages. These are not intended to compensate the family but to punish a defendant whose conduct was especially egregious and to deter similar behavior in the future.
There are some differences in how damages are calculated and distributed between Minnesota and Wisconsin. When we meet with you, we will explain exactly which types of damages may apply in your case and what you can realistically expect from the process.
Understanding Emotional Distress in a Wrongful Death Claim
Emotional distress is a legitimate and significant component of many wrongful death claims. When your loved one dies because of someone else’s negligence, the psychological impact on surviving family members can be profound and long-lasting. You deserve compensation for that suffering because you would not have experienced it without the tragic accident.
Quantifying emotional distress is more complex than calculating medical bills or lost wages, which is why working with an experienced attorney matters so much. The key factors courts and insurers consider include the specific emotions you have experienced, any treatment those emotions have required, and how your day-to-day life has been affected.
Surviving spouses may also have a claim for loss of consortium, which addresses the loss of the intimate physical and emotional relationship that existed within the marriage and that was taken away by the fatal accident.
Medical documentation plays an important role in supporting these claims. A physician’s diagnosis of clinical depression, anxiety, or PTSD following the accident strengthens your case considerably. Therapy costs, medication expenses, and records showing how your functioning has changed all contribute to the value of an emotional distress claim. An attorney at our firm can help you gather and organize the documentation needed to present these damages effectively.
What Does the Wrongful Death Process Look Like?
Many families have never been involved in a wrongful death case before and are understandably unfamiliar with the legal process. While every case is unique, most wrongful death claims follow a similar path. The process generally begins with an investigation into the circumstances surrounding the death, including gathering accident reports, medical records, witness statements, photographs, and any other evidence that may help establish liability.
In Minnesota, a trustee must first be appointed by the court before a wrongful death action can proceed. Once that occurs, the claim may be presented to the responsible party and their insurance company. Some cases resolve through settlement negotiations, while others require formal litigation.
Throughout the process, our attorneys handle communications with insurance companies, investigate the facts, work with experts when appropriate, and advocate for surviving family members. While no lawsuit can undo what happened, the legal process can provide accountability and financial security for those left behind.
What Evidence Is Important in a Wrongful Death Case?
Successful wrongful death claims are built on evidence. The exact evidence involved depends on how the death occurred, but certain forms of documentation frequently play a critical role.
- Police reports and accident investigations
- Vehicle inspections and accident reconstructions
- Medical records and treatment documentation
- Death certificates and autopsy findings
- Witness statements
- Photographs and video footage
- Employment and wage records
- Expert testimony regarding liability and future economic losses
Evidence can disappear quickly after a fatal accident. Surveillance footage may be overwritten, physical evidence may be altered or removed, and witness memories often fade over time. Prompt investigation helps preserve important information that may strengthen a wrongful death claim.
Pursuing Your Claim With Compassion and Purpose
We understand that the idea of pursuing legal action while you are grieving is not always appealing. The process takes time and energy at a moment when both feel scarce. Our attorneys are here to carry the legal burden so that you can focus on your family.
Every client at Keller, Woods & Thompson, P.A. receives individualized attention. We take the time to listen to your concerns, answer your questions clearly, and explain what is happening at every stage of your case. Our goal is to make sure you have the information you need to make decisions that are right for you and your family.
We will never suggest this process is without difficulty, but we will do everything in our power to make it as manageable as possible. Our Minneapolis wrongful death lawyers handle the complex legal challenges on your behalf, from investigating the cause of death and identifying liable parties to negotiating with insurance companies and, when necessary, taking your case to court.
Frequently Asked Questions About Wrongful Death Claims
Below, our attorneys address some of the questions families most commonly ask when considering a wrongful death claim.
Emotional distress goes beyond physical injuries and economic losses. It encompasses the psychological harm you have suffered as a direct result of losing your loved one due to another party’s negligence. Documented conditions such as PTSD, clinical depression, and anxiety disorders can all support an emotional distress claim. Because these damages are harder to quantify, it is especially important to work with an attorney who understands how to build and present this type of claim.
Minnesota’s wrongful death statute establishes the legal framework for these claims, including who may bring an action and how the process begins. In the difficult period following your loved one’s death, our attorneys will help you understand what the law requires and guide you through each step of the process.
Every wrongful death case is different. Some claims resolve through settlement negotiations within several months, while others take longer because liability is disputed or litigation becomes necessary. Factors such as the complexity of the accident, the amount of evidence involved, and the number of parties can all affect the timeline.
Not necessarily. Many wrongful death claims settle before trial. However, if the responsible party or insurance company refuses to offer fair compensation, litigation may be necessary. Our attorneys prepare every case thoroughly and are prepared to advocate for families both in settlement negotiations and in court.
Multiple parties may share responsibility for a fatal accident. Depending on the circumstances, claims may be brought against more than one defendant. Identifying every potentially responsible party is often an important step in pursuing the full compensation available under the law.
Speak With a Minneapolis Wrongful Death Lawyer Today
Our firm serves families throughout the Minneapolis-St. Paul region and surrounding communities. If you have lost a loved one due to another party’s negligence, we are ready to help you understand your rights and pursue the compensation your family deserves.
Contact our law office to discuss your situation and learn more about your legal options.