When negligence takes a life, surviving family members deserve compassionate
advocacy and full accountability from those responsible.
The death of a loved one caused by another person’s negligence, recklessness or intentional wrongdoing is one of the most devastating experiences a family can endure. While no amount of money can replace the person you have lost, Minnesota’s wrongful death statute (Minn. Stat. § 573.02) provides surviving family members with the right to seek compensation for their losses and hold the responsible parties accountable.
At Birkholz Law, we approach wrongful death cases with the sensitivity and compassion that grieving families deserve, while pursuing aggressive legal action against those responsible. We understand that families dealing with the sudden loss of a loved one are often overwhelmed by grief, financial pressures and uncertainty about the future.
Minnesota’s wrongful death statute allows the trustee of the decedent’s estate to bring a claim on behalf of the surviving spouse, children, parents and next of kin. The statute of limitations for wrongful death claims is three years from the date of death.
Under Minnesota law, a wrongful death claim must be brought by the trustee of the decedent’s estate, not by individual family members directly. The trustee is appointed by the probate court and represents the interests of all eligible beneficiaries, which typically include the surviving spouse, minor children and other dependents.
If there is no surviving spouse or children, the claim may benefit the decedent’s parents or other next of kin. The distribution of any recovery is determined by the court based on the losses suffered by each beneficiary.
Minnesota wrongful death damages are designed to compensate the survivors for their losses. Compensable damages include: loss of financial support the decedent would have provided; loss of parental guidance and nurturing for minor children; loss of companionship, comfort and consortium for the surviving spouse; funeral and burial expenses; medical expenses incurred before death; and the decedent’s conscious pain and suffering.
An economist can calculate the present value of the financial support the decedent would have provided over their expected lifetime. In egregious cases, punitive damages may also be available.
A family in Blue Earth County is devastated after a husband and father is killed in a tragic farming accident. A defective piece of equipment malfunctioned, causing a fatal injury. The family is overwhelmed with grief and facing a sudden loss of income. They know they have medical bills and funeral expenses, but they are unsure about their rights or what to do next. They have heard about workers’ compensation, but they do not know if that applies to a family farm or if there are other options for recovery. The equipment manufacturer is a large corporation, and the family feels powerless against them.
In their grief, the family makes a common mistake. They speak to the manufacturer’s insurance adjuster without legal representation. The adjuster offers a quick, low settlement, suggesting it is the best they can get. The family, needing money and wanting to avoid a legal battle, is tempted to accept. They do not realize this offer barely covers their immediate costs and fails to account for decades of lost income, the loss of parental guidance for their children and the deep emotional suffering they have endured. They are unaware that under Minnesota law, they may be entitled to significant compensation beyond what the insurance company is offering.
This is where an experienced wrongful death attorney steps in. The attorney immediately advises the family to cease all communication with the insurance company. The attorney launches a full investigation, hiring experts to inspect the faulty equipment and prove the defect. The attorney gathers evidence to build a powerful claim for damages under Minn. Stat. 573.02, which governs wrongful death actions. By taking on the legal burden, the attorney allows the family to focus on grieving and healing, while fighting to secure the financial future they deserve. The attorney works to hold the negligent manufacturer accountable and to obtain a recovery that truly reflects the immense loss the family has suffered.
The financial impact of a wrongful death is often staggering. Beyond the immediate costs of medical care and funeral arrangements, families face the long-term loss of the decedent’s income and benefits. This can be particularly devastating when the deceased was the primary breadwinner. A wrongful death claim seeks to recover these financial losses, including the present value of future earnings, lost inheritance and the value of household services the person provided. Under Minn. Stat. 573.02, these damages are considered pecuniary loss and are a central component of any wrongful death case.
The emotional and non-economic costs are just as profound. The loss of companionship, comfort, guidance and support from a loved one is immeasurable. Minnesota law recognizes this and allows for the recovery of damages for this loss of consortium. These damages are meant to compensate the surviving spouse and next of kin for the profound personal loss they have experienced. While no amount of money can replace a loved one, these damages acknowledge the deep and lasting impact of the death on the family’s life.
Finally, there are the long-term consequences that are often overlooked. Children may grow up without a parent, losing a lifetime of guidance and support. A spouse may have to raise a family alone, taking on new roles and responsibilities. The family may need to seek counseling or therapy to cope with the trauma of the loss. A comprehensive wrongful death claim will account for all of these future needs, ensuring that the family has the resources to rebuild their lives in the years to come.
“A wrongful death claim is the same as a criminal case.” This is a common myth. While a wrongful death may arise from a criminal act, a wrongful death lawsuit is a civil action, not a criminal prosecution. The purpose of a civil claim under Minn. Stat. 573.02 is to provide financial compensation to the surviving family members, not to punish the wrongdoer with jail time or fines. The standard of proof is also different. In a criminal case, the state must prove guilt “beyond a reasonable doubt,” while in a civil case, the plaintiff must prove liability by a “preponderance of the evidence,” which is a lower burden of proof.
“Only the spouse of the deceased can file a wrongful death claim.” This is incorrect. Minnesota law, specifically Minn. Stat. 573.02, requires that a trustee be appointed by the court to bring the wrongful death claim on behalf of all the surviving spouse and next of kin. The beneficiaries typically include the surviving spouse, children, parents and sometimes even siblings, depending on the family structure. The trustee has a fiduciary duty to act in the best interests of all beneficiaries.
“You only have a year or two to file a wrongful death lawsuit.” The statute of limitations for most wrongful death claims in Minnesota is three years from the date of death. However, there are exceptions. For example, if the death was caused by an intentional act constituting murder, an action may be commenced at any time. It is crucial to speak with an attorney as soon as possible to ensure that your claim is filed within the applicable time limits.
“You can’t recover damages if the deceased was partially at fault.” Minnesota is a modified comparative fault state. This means that even if the deceased person was partially at fault for the accident that caused their death, the family may still be able to recover damages, as long as the deceased person’s fault was not greater than the fault of the person from whom recovery is sought. The recovery will be reduced by the percentage of fault attributed to the deceased.
When a loved one is killed due to the negligence of another, you have specific legal rights under Minnesota law. The most important of these is the right to bring a wrongful death claim under Minn. Stat. 573.02. This statute allows the surviving family members to seek financial compensation for their losses. This is not just a right to sue, it is a right to hold the at-fault party accountable and to secure the financial resources your family needs to move forward.
You also have the right to be represented by an attorney of your choice. You are not required to deal with the insurance companies on your own. An experienced wrongful death attorney will protect your rights and advocate for your best interests throughout the legal process. This includes the right to have your attorney handle all communications with the insurance adjusters, so you can focus on your family during a difficult time.
Furthermore, you have the right to a full and fair recovery for your losses. This includes not only economic damages like lost wages and medical expenses, but also non-economic damages for the loss of companionship, comfort and guidance of your loved one. Minnesota law recognizes the profound personal loss that a wrongful death causes, and your attorney will fight to ensure that you are compensated for the full extent of your damages.
Finally, you have the right to have a trustee appointed to act on behalf of all beneficiaries. This ensures that the wrongful death claim is pursued in a fair and organized manner, and that the proceeds of any settlement or verdict are distributed equitably among the surviving family members. This process is overseen by the court to protect the interests of all parties involved.
Building a successful wrongful death case requires a careful and strategic approach. Our first step is always a thorough investigation. We leave no stone unturned, gathering all available evidence, including police reports, medical records, witness statements and any physical evidence from the scene of the accident. We often work with a team of experts, including accident reconstructionists, medical examiners and financial professionals, to build the strongest possible case.
Once we have a clear understanding of the facts, we develop a comprehensive legal strategy for your specific circumstances of your case. This includes identifying all potential defendants, from negligent individuals to large corporations, and determining the best legal theories to pursue. We are well-versed in the nuances of Minnesota’s wrongful death statute, Minn. Stat. 573.02, and we use this knowledge to our clients’ advantage.
Negotiation is a key part of the process. We are skilled negotiators who are not afraid to take on the largest insurance companies. We present a detailed and compelling demand package that outlines the full extent of your damages, both economic and non-economic. Our goal is always to secure a full and fair settlement without the need for a lengthy trial. However, we are always prepared to go to court if the insurance company is unwilling to offer a fair settlement.
If a trial is necessary, you can be confident that you have a team of experienced trial lawyers on your side. We have experience in success in the courtroom, and we will present a powerful and persuasive case to the judge and jury. We understand that your family’s future is at stake, and we will fight tirelessly to achieve the justice and compensation you deserve.
A wrongful death claim compensates the surviving family members for their losses, such as lost income and loss of companionship. A survival action, under Minn. Stat. 573.01, allows the estate of the deceased to recover damages that the deceased could have claimed if they had survived, such as medical expenses incurred before death and pain and suffering.
The beneficiaries are the surviving spouse and next of kin. This typically includes children, parents and sometimes siblings. The distribution of any recovery is determined by the court based on the pecuniary loss of each beneficiary.
Damages can include economic losses like lost wages and funeral expenses, as well as non-economic losses for the loss of companionship, comfort and guidance. The specific damages will depend on the circumstances of the case.
The statute of limitations for most wrongful death claims is three years from the date of death. However, there are exceptions, so it is important to consult with an attorney as soon as possible.
No. We handle wrongful death cases on a contingency fee basis. This means that you do not pay any attorney fees unless we recover compensation for you. Our fee is a percentage of the total recovery.
Even if the at-fault party is uninsured, you may still be able to recover compensation through your own insurance policy, such as uninsured or underinsured motorist coverage. We will explore all possible sources of recovery in your case.
We handle all serious injury cases on a contingency fee basis. This means you pay no upfront fees and we only get paid if we successfully recover compensation for you. Our fee is a percentage of the total recovery, which allows everyone, regardless of their financial situation, to have access to expert legal representation.
Our hearts go out to your family. Contact Birkholz Law to discuss
your case. We will help you understand your rights and pursue justice
for your loved one.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
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