Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Minnesota, wrongful death claims are governed by Minnesota Statutes sections 573.02 and 573.08. These statutes allow the decedent's surviving spouse, children, parents, grandparents, and siblings to seek compensation for their loss. The claim must be filed by a trustee appointed by the court to represent the decedent's next of kin. The damages that may be recovered include expenses for medical and funeral services, loss of companionship, and future earnings the decedent would have provided. The statute of limitations for filing a wrongful death claim in Minnesota is generally three years from the date of death, but this can vary depending on the specific circumstances of the case. It is important for those considering a wrongful death claim to consult with an attorney to understand their rights and the applicable time limits.