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Minnesota Death Due to Negligence Lawyers

Caring advocacy when an accident results in the death of a family member

An accident that causes the death of your loved one, due to the negligence or fault of another, is known as a wrongful death. At Bradshaw & Bryant, PLLC, we have 50 years of experience holding drivers, doctors, property owners, manufacturers, and other individuals and businesses accountable when their failures cause the death of a family member.

Our Minnesota wrongful death lawyers understand that no sum of money can ever replace your loved one. The purpose of a wrongful death verdict or settlement is to hold the responsible parties accountable and to help families honor their loved ones who died by living their best lives possible.

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How can we help you?

What types of negligent acts cause wrongful deaths?

At Bradshaw & Bryant, we handle the full range of negligent conduct that causes deaths, including the following:

  • Car, truck, motorcycle, and other types of vehicle accidents - including drunk driving accidents
  • Premises liability accidents
  • Medical malpractice
  • Improperly prescribed drugs
  • Improper monitoring of drug use, which may cause suicide
  • Product liability claims, which include strict liability, breach of warranty, and negligence
  • Deaths due to improper prescription drugs
  • Work-related deaths
  • Construction accidents
  • Infant deaths
  • Toxic chemicals

Our Minnesota wrongful death lawyers work with the police, our own investigators, traffic reconstruction experts, product safety experts, industry professionals, fire officials, building code officials, and many other experts to help show how wrongful deaths happen and who is responsible. We also formally question the defendants in writing and orally, and conduct other types of discovery to show the defendants are liable.

Who are the beneficiaries of a wrongful death claim in Minnesota?

Minnesota law provides that a “trustee” can file a wrongful death claim due to wrongful acts or omissions by individuals or businesses if the person who died could have filed a personal injury action, but for their tragic death. The trustee is a person appointed by the court to file the wrongful death claim. Typically, the trustee is the executor named in the decedent’s will, the decedent’s spouse, or a next of kin of the decedent.

The beneficiaries are generally the spouse and the “next of kin.” The next of kin generally includes the members of the decedent’s family. These family members include the decedent’s spouse, children, and parents. Other beneficiaries may include grandchildren, grandparents, siblings, and cousins. Generally, adoptees also qualify as beneficiaries. We can explain if stepchildren and any other non-blood relatives are eligible for part of the wrongful death recovery.

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What damages can family members receive when a loved one dies due to negligence?

The Minnesota wrongful death statute provides that the trustee can claim damages for:

  • All the damages of the decedent. These include any pain and suffering of your loved one before your loved one died, and any medical bills of your loved one.
  • The pecuniary damages suffered by the beneficiaries. This is the amount of financial support and the value of any services (or care and assistance) your loved one would have provided for each family member. This category also includes the loss of any anticipated inheritance.
  • The funeral and burial expenses.
  • The loss of comfort, companionship, and guidance.
  • The mental anguish and sorrow of the eligible family members.

Our Minnesota wrongful death lawyers may also seek punitive damages in unconscionable cases, such as when a drunk driver causes an accident.

Ideally, the family decides how the overall recovery should be apportioned among the different beneficiaries. If the family/trustee cannot reach an agreement, then the court will decide how to apportion the recovery. If a beneficiary is a minor, then additional steps must be taken to protect the minor’s share. Ideally, the family members reach an agreement on their own that the trustee approves.

What are the unique challenges in handling wrongful death claims in Minnesota?

Our Minnesota wrongful death lawyers understand how complicated wrongful death claims are. For starters, we respect your need to mourn for your loved one. Some of the issues that separate personal injury cases from wrongful death cases include the following:

Criminal cases

There is no requirement that the government file criminal charges for you to file a wrongful death claim – a claim that the death of your loved one is due to negligence.

There are many cases where the government may file criminal charges. One common example is if a drunk driver causes your accident. In that case, the local prosecutors will likely file drunk driving charges against the driver. Another example is when a physician illegally prescribes drugs to a patient.

If criminal charges are filed, the criminal case normally goes first, before your civil case. In some cases, we can use the conviction itself to support the claim. In other cases, we can use the evidence that was presented at the criminal trial, such as breath tests of a drunk driver.

Testimony when your loved one cannot testify due to their death

The rules of evidence in wrongful death cases are designed to create a level field. Generally, since your loved one cannot testify about how the accident or negligence occurred, Minnesota provides that the defendants can’t testify about how the accident or negligence happened either. This means both sides need to present evidence from other witnesses (such as the police and traffic reconstruction experts) or through independent evidence, such as building code violations or surgical records.

Our Minnesota wrongful death lawyers understand the evidence that can support your claim and how to introduce that evidence in court.

How much time do I have to file a wrongful death claim in Minnesota?

We recommend that you contact us as soon as possible. Your lawyer needs to investigate how the accident happened and who is responsible as soon as possible.

Our Minnesota wrongful death lawyers need to speak with witnesses while their memories are fresh and review physical evidence (such as medical records and black boxes) before the evidence is deleted or discarded.

The earlier we speak with you, the faster we can answer your questions and help you calmly understand the claims process.

Generally, you must file a wrongful death claim within three years of the date of the negligent/wrongful conduct. Some exceptions may apply. “An action to recover damages for a death caused by an intentional act constituting murder may be commenced at any time after the death of the decedent.”

Do you have a Minnesota wrongful death lawyer near me?

Yes. We meet trustees and families at our offices located at 1505 Division Street in Waite Park, Minnesota. Our attorneys conduct remote conversations by phone and online video when necessary.

We’re prepared to guide you step by step through these difficult times.

Speak with our experienced Minnesota wrongful death lawyers today

Our aim is to help you restart your life. No amount of money will ever compensate your loved one. A strong verdict or settlement sends a message to the wrongdoer that their conduct caused incredible human harm. A strong result can help families stay in their homes, honor their loved ones, obtain an education, and lead lives that their loved ones would be proud of.

Call us or fill out our contact form today to schedule a free consultation. At Bradshaw & Bryant, PLLC, we represent families in the Twin Cities of Minneapolis-St. Paul and the nearby suburbs. We also advocate for clients across Central Minnesota, including St. Cloud, Brainerd, and Alexandria, and Stearns, Sherburne, Wright, Morrison, and Benton counties. We handle death claims due to negligence on a contingency fee basis.