Understanding Wrongful Death Claims and Recovering Damages

Losing a loved one due to another person’s negligence or wrongful act is a devastating experience that no family should endure. In these circumstances, families may seek wrongful death damages to ease the financial and emotional impact of their loss. Wrongful death damages are monetary compensation provided to surviving family members when a person’s death results from negligence or intentional harm.

These damages address economic losses, such as medical bills and lost wages, and non-economic harms, including the pain of losing companionship, guidance, and emotional support. In certain situations, punitive damages may also be awarded when the responsible party’s actions were reckless or intentional. At Schmidt & Salita Law Team, we have stood beside grieving families, helping them pursue justice while they focus on healing.

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Who is Entitled to Recover in a Minnesota Wrongful Death Claim?

Minnesota allows certain family members of the wrongful death victim to bring a wrongful death claim to receive fair compensation for the loss of their family member. Pursuant to Minnesota law. It is the “next of kin” that are entitled to recover. Each case is different.

A judge will decide which of the family relatives of the decedent will be entitled to recover wrongful death benefits. In almost all cases, the decedent’s spouse and children are entitled to wrongful death benefits.

What Are Wrongful Death Damages?

In Minnesota, wrongful death damages are intended to compensate family members for the harm suffered after a preventable loss. These damages include both measurable financial costs and the intangible emotional losses caused by the death. While no money can replace a loved one, the damages help provide security for families and hold negligent parties accountable.

Families should be aware that wrongful death claims are not simply about financial recovery but also about recognition of the value of the life that was lost. Courts consider both the tangible and intangible impact, and claims often involve presenting evidence of the unique role the deceased played within their family and community.

Economic Damages in Minnesota Wrongful Death Claims

Economic damages compensate for the financial burdens families face after a wrongful death. These tangible losses can be calculated based on records and expert testimony. They typically include:

• Lost wages and future income that the deceased would have provided
• Loss of employment benefits, retirement contributions, and healthcare coverage
• Medical expenses related to the final illness or injury
• Funeral and burial costs

According to national data, the average funeral expense in the United States exceeds $7,000, placing additional stress on grieving families. Lost future income can also reach hundreds of thousands of dollars, depending on the age and earning potential of the deceased. This financial impact can alter long-term stability for many households and limit opportunities for children or other dependents.

Non-Economic Damages and Emotional Losses

Non-economic damages capture the human side of a wrongful death, focusing on the grief, emptiness, and changes in daily life that follow the loss of someone dear. These losses are harder to measure in numbers but remain just as real as financial costs. They often include:

• The sorrow and emotional pain experienced by surviving relatives
• The absence of companionship and steady encouragement once provided
• The loss of parental guidance and nurturing that children depended on
• The missing affection, comfort, and presence of a loved one

These damages highlight that the impact of wrongful death stretches far beyond money. Minnesota courts give weight to these personal stories, listening carefully to the voices of family members as they describe how their lives have been forever changed.

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Factors That Affect Wrongful Death Damages

The value of a wrongful death claim is shaped by several important considerations, and courts or juries often weigh them carefully:

• Age and health of the deceased at the time of death – When someone passes away at a younger age and was in good health, there is an expectation that they would have lived many more productive years. That potential adds weight to the financial and emotional loss suffered by the family.
• Income level and future earning potential – A person’s current earnings and the likelihood of raises, promotions, or business growth are all factored in. Families of individuals with strong careers ahead of them may face greater long-term financial harm.
• Number of dependents and their financial needs – Courts recognize how many people counted on the deceased for support. Children, spouses, or elderly parents who relied on that income and care will consider this in the damages awarded.
• Circumstances of the wrongful death, including whether it involved negligence or intentional misconduct – The manner in which the death happened is also central. A case involving reckless or deliberate behavior may result in higher awards, reflecting both the seriousness of the act and the need for accountability.

When a death is tied to especially reckless or malicious conduct, punitive damages can also apply. These additional damages are not meant to replace a financial loss but rather to send a message that such behavior will not be tolerated and to discourage it from happening again.

How is a Minnesota Wrongful Death Claim pursued?

Minnesota is different from most other states that have a procedure whereby the estate of the decedent brings a wrongful death claim. In those states, the personal representative of this, the estate is the individual responsible for pursuing a claim.

In Minnesota, a wrongful death claim is pursued by opening a trusteeship with the court. The judge assigned to the case decides who will be the trustee or trustees, if more than one.

Individual family members are not allowed to bring separate claims under Minnesota law. Their only right of recovery is through the trusteeship.

All settlements must be approved by the judge. The division of the settlement among the family members must also be approved by the judge.

What is the Statute of Limitations for Minnesota Wrongful Death Claims?

The statute of limitations for wrongful death case in the state of Minnesota is three years from the date of death in most cases. However, in each case, the opinion of a Minnesota lawyer should be obtained as soon as possible after the death to determine whether there is a shorter period for each individual case. It is recommended that the opinion of the Minnesota lawyer should be obtained immediately after death, in the days and weeks following the death.

How is the Value of a Minnesota Wrongful Death Claim Determined in Minnesota?

The measure of damages that can be recovered in any Minnesota wrongful death case is established by statute. The value of any Minnesota wrongful death case is determined by what is anticipated that a jury would award of the case went to trial. A jury is instructed by the judge, in any Minnesota wrongful death case, that the jurors are to consider what amount of money will fairly and adequately compensate the survivors of the decedent for the losses that they have suffered as the result of the death. Obviously, the dependents of the decedent, including the spouse and children, will suffer the loss of the earning capacity of the Decedent.

The law also allows the jurors to consider the loss of “the advice, comfort, assistance, companionship and protection” that the Decedent would have provided if he or she had lived to normal life expectancy.

Steps to Recover Wrongful Death Damages in Minnesota

Recovering damages in a Minnesota wrongful death case requires several legal steps. Families should understand the following process:

1. Filing a petition for appointment of a trustee under Rule 144.01. The trustee acts on behalf of the family, and the right to pursue this claim arises under Minnesota Statutes 573.02. This petition must be filed promptly, as wrongful death claims are subject to a strict statute of limitations.
2. Collecting evidence of negligence or wrongful conduct.
3. Documenting economic losses, including wages, benefits, and expenses.
4. Presenting testimony about the emotional and relational losses suffered.
5. Filing the claim within the statutory deadline.
6. Negotiating or litigating the claim in court for fair compensation.

This process ensures the family’s voice is heard while adhering to Minnesota’s legal framework. Surviving relatives must also act promptly, as waiting too long may limit or eliminate the ability to recover compensation under Minnesota law.

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Real Wrongful Death Cases by Schmidt & Salita Law Team

Our history of advocacy includes meaningful results for families facing unimaginable losses:

• Bell Helicopter – $2.4 million settlement in a wrongful death case involving an aircraft crash.
• $2,000,000 settlement in a wrongful death case.
• Over $27 million recovered in chemical-exposure wrongful death cases.
• Multiple aviation settlements secured for families after fatal aircraft incidents.
• Numerous motor vehicle collision (MVC) wrongful death cases have resulted in significant compensation.

These outcomes reflect our commitment to pursuing justice for families who have lost loved ones due to negligence. While each case is unique, our commitment to our clients remains unwavering.

Contact Schmidt & Salita Law Team for Wrongful Death Claims

At Schmidt & Salita Law Team, we understand how painful and life-changing it is for a family to lose someone because of negligence. We approach every wrongful death case carefully, offering clear legal guidance and a steady hand when needed.

By calling us at (952) 473-4530, you can speak directly with our team about your circumstances and learn how we can stand by you in pursuing the wrongful death damages your family deserves.

The Schmidt Salita Law Team is a 5 star, AV rated  personal injury law firm which serves the entire state of Minnesota, including Minneapolis and St. Paul, as well as Minnetonka, Maple Grove, Plymouth, Osseo, Anoka, Coon Rapids, Brooklyn Center, Fridley, Blaine, Shoreview, Woodbury, Falcon Heights, Columbia Park, Stillwater, Hastings, Inver Grove, Cottage Grove, South St. Paul, Apple Valley, Eagan, Burnsville, Savage, Shakopee, Richfield, Bloomington, Chaska, Chanhassen, Edina, Eden Prairie, and Hopkins.