We Play Hard. We Play Fair.
Losing a family member because of someone else’s wrongful conduct can leave a family facing grief, practical responsibilities, and financial uncertainty at the same time. No legal claim can replace the person who died. A wrongful death action can, however, provide a way to address the losses caused by the death and the harm suffered before it occurred.
At Restovich, Braun & Associates our personal injury attorneys represent families in Minnesota wrongful death matters with a practical and respectful approach. Our Rochester law firm understands that these cases involve more than legal questions. They can also affect a family’s finances, responsibilities, future plans, and sense of stability.
Minnesota uses a specific procedure for wrongful death actions. In general, a court-appointed trustee brings the claim for the benefit of the surviving spouse and next of kin.
The trustee does not pursue the case for personal benefit. Instead, the trustee acts on behalf of the people who may be entitled to share in the recovery. The court later distributes any recovery according to the pecuniary loss suffered by the surviving spouse and next of kin.
This structure is important because a wrongful death case may involve several family members who were affected in different ways. One person may have depended heavily on the deceased for financial support, while another may have experienced a different type of loss connected to the relationship.
A wrongful death lawyer can help explain how the trustee process works, who may qualify as next of kin, and how the case may need to be presented on behalf of the family as a whole.
Minnesota wrongful death law allows recovery for more than one type of loss. Current law permits recovery for damages suffered by the deceased person as a result of the injury before death, as well as the pecuniary losses suffered by the surviving spouse and next of kin because of the death.
Depending on the facts, recoverable losses may include:
The term pecuniary loss refers to losses that have a monetary value even when they are not limited to a paycheck or direct financial payment. Evaluating those losses can require looking at the deceased person’s role in the family, the support and services they provided, their expected earnings, and the nature of the relationships involved.
The value of a wrongful death claim therefore cannot be determined by looking at one bill or one category of damages in isolation.
Wrongful death cases are unusual because the same death can create different losses for different members of the family. Minnesota law reflects that by providing for distribution of the recovery according to the pecuniary loss suffered by the surviving spouse and next of kin.
That means the analysis may involve more than the deceased person’s income. The family structure, dependency, household contributions, guidance, care, and other aspects of the relationship may all become relevant depending on the circumstances.
This can be especially important in families where one person provided substantial unpaid support. A parent who cared for children, managed the household, or provided regular assistance may have contributed significant value even if their income did not fully reflect that role.
For that reason, a careful wrongful death claim should account for how the loss affected the family in practical terms, not simply calculate past expenses and stop there.
A wrongful death action can arise when a person dies because of a wrongful act or omission that would have supported a legal claim had the person survived.
Fatal claims may arise from serious car accidents, commercial vehicle or truck crashes, unsafe property conditions, nursing home neglect, defective products, or other forms of negligence.
A death involving an unsafe property condition may raise issues under Minnesota premises liability law. In another case, concerns about care provided in a long-term care setting may require review of potential nursing home neglect.
Some fatal workplace incidents can also involve third-party liability depending on who caused the death and the circumstances involved. Workers’ compensation rules may affect claims connected to an employer, so these cases require more specific analysis rather than assuming an ordinary wrongful death lawsuit is always available.
Minnesota wrongful death law includes specific filing requirements. In most cases, a wrongful death action generally must be commenced within three years after the date of death and no later than six years after the wrongful act or omission that caused the death.
Different rules can apply in particular situations, including some claims involving alleged professional negligence or intentional conduct. That makes it important to identify the type of claim rather than assuming every wrongful death case follows the same deadline.
Timing also matters for practical reasons. Evidence can become harder to obtain as time passes. Vehicles may be repaired or destroyed, surveillance footage may be erased, physical conditions may change, and witnesses may become more difficult to locate.
An attorney can evaluate both the legal deadline and the evidence that may need to be preserved based on how the death occurred.
A wrongful death case may require detailed investigation, but the legal work should remain connected to the people affected by the loss.
Depending on the circumstances, the case may involve medical records, accident reports, photographs, witness testimony, employment and financial information, expert analysis, and other evidence showing both how the death occurred and what losses resulted.
Our attorneys also consider the practical effects on the surviving family. A case may involve questions about lost income, household responsibilities, future support, care for children, or other changes that followed the death.
Because these cases can involve several beneficiaries and different categories of loss, our lawyers work to develop a complete factual picture rather than reducing the case to a single number or one type of damage.
Restovich, Braun & Associates is a family-run Rochester law firm founded in 1992. Our attorneys are experienced litigators who understand that wrongful death cases require both careful legal preparation and sensitivity to what the family is going through.
Our lawyers take a collaborative approach when a case involves overlapping questions about liability, insurance, damages, medical evidence, or other legal issues. We focus on explaining the process clearly and helping clients understand what decisions need to be made as the case develops.
From our Rochester office, our law firm represents families in southeastern Minnesota and elsewhere in the state when appropriate. We approach these matters with the goal of addressing the legal and financial consequences of the loss while respecting the fact that no lawsuit can undo what happened.
If someone in your family died because of another person’s wrongful conduct, a lawyer can help you understand whether Minnesota’s wrongful death law applies and what steps may be available.
To discuss a potential wrongful death claim with one of our attorneys, contact Restovich, Braun & Associates online.
