*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.
Losing a loved one to someone else’s negligence is one of the most devastating experiences a family can endure. Minneapolis families who face this loss deserve experienced legal representation, and that is exactly what Schmidt & Salita Law Team provides. With over 160 years of combined legal experience and more than 10,000 cases successfully resolved, our attorneys have recovered substantial compensation in wrongful death claims, including a $2 million wrongful death settlement.
If your family has lost someone due to the wrongful actions of another person or organization, a Minneapolis wrongful death lawyer from our team is ready to fight for the justice you are owed. According to the Minnesota Crash Facts report, 402 people lost their lives in traffic crashes across Minnesota.
Wrongful death occurs when a person dies as a result of the negligent, reckless, or intentional conduct of another party. Under Minnesota Statute § 573.02, a claim may be brought when the death is caused by the wrongful act or omission (a failure to act when action was required) of another party, and the deceased could have maintained a personal injury action had they survived.
*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.
Wrongful death claims arise from a wide range of circumstances. In Minneapolis and throughout Minnesota, the most common causes include:
The statewide most recent data reflects how preventable most of these deaths were: speeding contributed to more than 11 percent of all fatal crashes, alcohol was a factor in nearly 28 percent of all traffic deaths, and 29 percent of those killed were not wearing a seat belt.
Under Minnesota Statute § 573.02, the following relatives may benefit from a successful wrongful death claim:
Individual family members cannot file separate claims. One trustee brings the action on behalf of all qualifying survivors. Our Minneapolis wrongful death lawyer handles the trustee appointment and guides every family through the process, so the legal side stays in the background where it belongs.
Minnesota law recognizes both economic and non-economic losses in a wrongful death claim. Economic losses are the costs that can be calculated; non-economic losses cover what no spreadsheet captures: the absence of a parent, the end of a marriage, the silence where a person used to be. The damages a family may recover typically include:
No two cases produce the same number. Our attorneys work with the proper professionals to build the strongest damages case possible. Where the defendant’s conduct was especially harmful or intentional, punitive damages may also be available under Minnesota Statute § 549.20.
I understand how overwhelming this can be. Let me handle the legal complexities while you focus on your recovery and getting back to normal.
Insurance companies move quickly after a fatal accident, and their first offer rarely reflects what a family is actually owed. Accepting a settlement requires signing a release that permanently extinguishes all future claims; once signed, there is no going back, regardless of what additional losses emerge.
Proving a wrongful death claim requires establishing four legal elements, each supported by evidence:
Our attorneys investigate every element thoroughly, gathering accident reports, witness testimony, qualified analysis, and medical records to build a claim that holds up under scrutiny.
Minnesota follows a modified comparative fault rule, which means a surviving family may still recover damages as long as the deceased’s share of fault does not exceed 50 percent. Recovery is reduced in proportion to that share of fault.
Under Minnesota Statute § 573.02, most wrongful death claims must be filed within three years of the date of death and no more than six years after the underlying wrongful act. The exception is when death results from an intentional act constituting murder, in which case no deadline applies.
Missing the applicable deadline bars the family from any recovery, regardless of how strong the claim may be. The earlier a family speaks with an attorney, the more options remain open.
When a negligent party takes someone you love, your family deserves more than a settlement that only scratches the surface. Schmidt & Salita Law Team has the experience, the trial record, and the commitment to pursue every dollar your family is owed under Minnesota law. Call a Minneapolis wrongful death lawyer at our firm today at (952) 473-4530 for a free consultation. We are here to help you through this.
We represent families of victims who have died due to fatal injury accidents, including:
Dean Salita is a seasoned Personal Injury lawyer with over 30 years of experience, specializing in workplace injuries and occupational diseases like asbestos-related illnesses. He’s the chair of the Minnesota Association for Justice Workers’ Compensation section and has been recognized as a Super Lawyer with an AV rating by Martindale-Hubbell. Dean is dedicated to providing personal, compassionate legal support to his clients, guiding them through trials and the legal process.
Losing a loved one due to negligence is devastating. At Schmidt & Salita Law Team, our Minneapolis Wrongful Death Lawyer Near You helps families pursue justice and hold responsible parties accountable. We fight to recover compensation for funeral costs, lost income, and the emotional impact of your loss.
Visit us at 1600 Hopkins Crossroad, Minnetonka, MN 55305, or call 952-473-4530 for a free consultation today.
We look forward to seeing you at our office located at 1600 Hopkins Crossroad, Minnetonka, MN 55305, United States.
When you schedule your free consultation with a personal injury attorney in Minnesota, you should come prepared with specific questions for us to address. Some of the common questions clients ask us are:
Yes, in almost all cases, having an attorney is crucial to protect your rights and secure the settlement you deserve. The Schmidt & Salita Law Team is here to guide you through the entire process, from collecting evidence to handling medical bills and lost wages. We’ll help you gather medical records and reports to support your claim, determine the value of your case, and negotiate a fair settlement. If needed, we’re prepared to file suit and take your case to court to ensure the best possible outcome.
It’s very important to start collecting evidence right away to support your case. The Schmidt & Salita Law Team will help obtain accident reports, interview witnesses, and work with treating doctors to ensure you get the proper medical care. We’ll also handle communication with insurance adjusters. Delaying the decision to hire an attorney can lead to lost time and missed opportunities. We’re here to guide you through the process from the start, ensuring you have the best chance for a successful outcome.
Many people worry about the cost of legal fees, but with Schmidt & Salita Law Team, your first consultation is free. We handle most Personal Injury and Workers’ Compensation cases on a contingent fee basis, meaning you won’t pay attorney fees unless there’s a settlement. If we win, you’ll only pay a percentage of the settlement for fees and costs, ensuring you never end up “in the hole.” This system is often called “No fees until you recover” and works like a real estate agent’s commission—paid only when you win.
It’s crucial to hire an attorney with experience in Personal Injury, Workers’ Compensation, and Wrongful Death claims. The Schmidt & Salita Law Team brings over 160 years of combined experience, handling thousands of cases, including auto accidents, construction injuries, medical malpractice, and more. Our team is dedicated to providing personal service and treating you like more than just a case number. We believe in a team approach to ensure the best possible outcome and your satisfaction every step of the way.
Most Personal Injury and Workers’ Compensation cases typically take at least a year or more to settle, and some can take even longer. This is mainly due to medical reasons, as it takes time to determine the permanent nature of an injury. Doctors or Chiropractors are often better equipped to assess the permanency of your injury. Once we have medical evidence, we compile all necessary documents and submit a settlement demand to the insurance company. The negotiation process can take several months, and if an agreement isn’t reached, we may need to file a lawsuit.
The value of a Personal Injury or Workers’ Compensation case depends on several factors. These include the degree of fault of the responsible party, the severity of your injuries, pain, and permanent disability, as well as medical bills, lost wages, and other damages. The financial ability of the at-fault party, often determined by insurance coverage, also plays a role. Schmidt & Salita Law Team, with over 160 years of combined experience, is here to help you evaluate the worth of your case and guide you through the process.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Dean M. Salita, with more than 30 years of legal experience as a personal injury attorney.
1600 Hopkins Crossroad
Minnetonka, MN 55305
Phone (952) 473-4530
Toll Free 1-800-656-8450
Fax (952) 544-1308