Wrongful Death Attorney in Minneapolis

Put Our Years of Experience in Your Corner

Losing a loved one unexpectedly is one of the most devastating experiences imaginable—especially when the death was caused by someone else’s negligence or misconduct. At Butwinick Injury Law, our experienced Minneapolis wrongful death attorneys are dedicated to helping grieving families find justice, closure, and financial stability after tragedy.

We understand that no amount of compensation can truly make up for your loss. However, holding the responsible party accountable can ease the financial burden left behind and provide a sense of justice for your loved one.

Contact Butwinick Injury Law at (763) 415-7462 for your free consultation.

What is Wrongful Death?

Under Minnesota law, a wrongful death occurs when a person’s death is caused by the wrongful act, negligence, or default of another person or entity. In other words, if the deceased could have filed a personal injury claim had they survived, their family may file a wrongful death lawsuit instead.

Some common causes of wrongful death include:

At Butwinick Injury Law, we carefully investigate every case to identify who was at fault and build a strong legal claim for your family.

Minnesota Wrongful Death Laws

Wrongful death claims in Minnesota are governed by Minnesota Statutes §573.02. This law sets forth who can file a claim, how damages are distributed, and the deadlines for filing.

Statute of Limitations

In most cases, you must file a wrongful death lawsuit within three years of your loved one’s death. If the case involves medical malpractice, there may be specific exceptions. Missing this deadline could prevent you from recovering compensation, so it’s essential to speak with our Minneapolis wrongful death lawyer as soon as possible.

The Role of the Trustee

Minnesota law requires the court to appoint a trustee to represent the surviving family members in a wrongful death case. This trustee acts on behalf of all next of kin and ensures that any settlement or verdict is distributed fairly according to the law.

Comparative Fault

Minnesota follows a modified comparative fault rule. If your loved one was partially at fault for the incident that caused their death, your family can still recover damages—so long as their fault does not exceed 50%. The total recovery will be reduced by their percentage of fault.

Who Can File a Wrongful Death Lawsuit?

In Minnesota, the right to bring a wrongful death action lies with the trustee appointed by the court. This person files the lawsuit on behalf of the deceased’s next of kin, which may include:

• A surviving spouse
• Children
• Parents
• Siblings
• Other dependent family members

The court-appointed trustee can be a family member or another trusted person chosen to manage the case. The trustee’s role is to work with your Minneapolis wrongful death lawyer to handle the legal process, negotiate with insurance companies, and ensure fair distribution of any compensation awarded.

Compensation for Wrongful Death

The purpose of a wrongful death claim is to provide financial relief to the surviving family for the losses they’ve suffered. Depending on the details of your case, your family may be entitled to compensation for both economic and non-economic damages, including:

Economic Damages

• Medical expenses incurred prior to death
• Funeral and burial costs
• Loss of income and future financial support
• Loss of benefits such as health insurance or retirement contributions

Non-Economic Damages

• Emotional pain and suffering
• Loss of companionship, guidance, and care
• Mental anguish experienced by surviving family members

In certain cases where the at-fault party acted with extreme recklessness or intentional misconduct, punitive damages may also be available to punish the wrongdoer and deter similar behavior.

At Butwinick Injury Law, we work closely with financial and vocational experts to calculate the full extent of your losses and fight for maximum compensation on your behalf.

Wrongful Death FAQs

How long do I have to file a wrongful death claim in Minnesota?

Generally, you have three years from the date of death to file a claim. However, certain circumstances—such as medical malpractice—may shorten or extend that timeframe. Consulting an attorney as soon as possible ensures your rights are protected.

What’s the difference between a wrongful death claim and a criminal case?

A wrongful death lawsuit is a civil claim seeking financial compensation, while a criminal case seeks to punish the offender through jail time or fines. These cases can occur simultaneously and are independent of each other.

Can I still file a wrongful death claim if my loved one was partially at fault?

Yes. Under Minnesota’s comparative fault law, you can still recover damages as long as your loved one’s share of fault was less than 51%. Your compensation will simply be reduced by their percentage of fault.

How much is a wrongful death case worth?

Every case is unique. The value depends on factors such as the deceased’s income, the financial and emotional impact on surviving family members, and the circumstances of the death.

How long will my case take?

Some wrongful death cases are resolved within months through settlement negotiations, while others—especially those that go to trial—can take a year or more. Your lawyer will keep you informed at every stage of the process.