Wrongful Death Attorney in Minneapolis

Put Our Years of Personal Injury Law 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 attorney is 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.

Work with a dedicated wrongful death attorney in Minneapolis who understands the emotional and legal challenges families face. Call (763) 415-7462 or contact Butwinick Injury Law today.

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, our Minneapolis wrongful death attorney takes the time to understand what happened, gather police reports and medical records, and consult with qualified professionals when needed so we can clearly explain how the tragedy occurred and who should be held responsible.

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.

Because the time limits can be confusing, especially when there are overlapping investigations or related claims, we review the timeline carefully at the start of your case. By acting promptly, we can preserve important evidence, comply with Minnesota court rules, and avoid last-minute filings in Hennepin County District Court or other courts across the state.

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.

We guide trustees through each step of the process, from the initial petition in the appropriate Minnesota district court to working with family members to document their losses. Our goal is to make sure the trustee understands their responsibilities, keeps communication open with relatives, and is fully supported when dealing with insurance adjusters and defense attorneys.

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.

Insurance companies often rely on comparative fault arguments to reduce what they pay families after a fatal crash or other incident. We review accident reports, interview witnesses, and may work with reconstruction professionals to challenge unfair blame and present a clear picture of what really occurred.

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

Families in Minneapolis and throughout Minnesota often have questions about who should serve as trustee and how disagreements among relatives will be handled. We talk through the pros and cons of different trustee options, explain how the court evaluates these requests, and help families focus on choosing someone who can act fairly and communicate well with everyone involved.

Compensation for Wrongful Death in Minneapolis

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 professionals to calculate the full extent of your losses and fight for maximum compensation on your behalf.

What to Expect When You Work With Our Minneapolis Wrongful Death Attorney

When you hire Butwinick Injury Law after a fatal accident, we start by listening to your story and answering your immediate questions so you know what to expect in the weeks and months ahead. We explain the investigation process, how insurance claims will be handled, and what it means to bring a wrongful death lawsuit in Minnesota. Our goal is to give you enough information so you can make decisions at your own pace during a very difficult time.

As your case moves forward, we keep you informed about key developments, such as communications with insurance carriers, court deadlines, and any settlement discussions. We can meet with you at our office, by phone, or through virtual meetings if traveling to downtown Minneapolis or the surrounding suburbs is difficult. By staying accessible and transparent, we work to reduce uncertainty and help you feel supported throughout the legal process.

Many families also want to understand how their involvement will fit with other responsibilities, such as work, childcare, and grief counseling. We outline what we will handle on your behalf—like gathering records, coordinating with medical providers, and preparing court filings—and what we may need from you, such as documents or occasional meetings. This clear division of responsibilities allows you to focus on healing while we concentrate on advancing your wrongful death attorney claim.

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.

We encourage families to reach out even if they think the deadline may be approaching or has already passed. By reviewing the details of the incident, we can determine which Minnesota time limits apply, whether any exceptions might help, and what practical steps are still available to protect your interests.

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.

For example, a drunk driver who causes a fatal crash in Hennepin County might face criminal charges in state court while the family pursues a civil wrongful death claim for financial recovery. We coordinate with any ongoing criminal proceedings when necessary so that your civil case can move forward without interfering with the prosecutor’s work.

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.

We know it can be painful to hear allegations that your loved one contributed to the accident, especially after a loss. Our role is to gather the facts, push back against unfair fault assignments, and clearly explain how Minnesota’s comparative fault rules may affect your potential recovery.

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.

Factors that affect timing include how quickly the facts can be investigated, whether liability is disputed, the court’s scheduling in Minneapolis or other Minnesota counties, and how willing the insurance company is to engage in fair settlement discussions. We keep you updated regularly so you know what has been done, what comes next, and what options you have for moving forward.