How Long Do I Have To File a Wrongful Death Claim in Minnesota?
- The statute of limitations is the legal time limit for filing a wrongful death claim.
- The Minnesota wrongful death statute of limitations is three years from the date of death, but you must file a wrongful death claim within six years of the negligence that caused the death.
- Wrongful death claims involving medical negligence have a four-year time limit, while murder cases have no time limit.
- If you miss the Minnesota wrongful death statute of limitations, you will likely lose your right to file a wrongful death claim.
If someone you love has died as the result of someone else’s wrongdoing, you may have the right to seek compensation through a wrongful death claim. While no amount of money can undo the loss of a loved one, it can help ease the financial burden left behind and provide a sense of justice. However, it’s important to act quickly to comply with the Minnesota wrongful death statute of limitations.
Sieben Polk P.A. is dedicated to helping families seek the compensation they deserve after someone else’s wrongdoing causes a loved one’s death. Call (651) 437-3148 or fill out our online contact form to schedule your free consultation today.
Statute of Limitations in Minnesota Wrongful Death Cases
Lawsuits must be filed before a deadline known as the statute of limitations. The Minnesota statute of limitations for wrongful death claims resulting from “the wrongful act or omission of any person or corporation” is three years from the date of death. This means that you normally have three years from the day your loved one passed away to file a wrongful death claim.
In some cases, there may have been a significant gap between the date of death and the date of the negligence that caused it. The three-year deadline still applies from the date of the individual’s passing, but you must file a claim no more than six years from the date of the negligent act.
Special Provisions
If your loved one’s death resulted from the negligence of a medical professional, such as a doctor, surgeon, nurse, or dentist, the statute of limitations is slightly different. Minnesota’s statute of limitations for medical malpractice resulting in death is also three years from the date of death, but you must file a claim within four years of the malpractice incident that caused the death.
Minnesota’s laws on filing wrongful death lawsuits are also different for claims involving murder. If the cause of death possesses the elements of murder, there is no statute of limitations for filing a wrongful death claim.
Why Does the Statute of Limitations Matter?
These deadlines are in place to encourage timely legal action. Evidence can degrade over time, and witness memories can become less reliable the more time passes. By establishing a statute of limitations for wrongful death claims, the legal system aims to ensure that grieving families take action while evidence and witness statements are still fresh.
This benefits both the families and the at-fault parties, as it allows for a more accurate and efficient resolution of the case. That’s why it’s best to file a claim as soon as possible, even if there is no imminent deadline for your specific case.
What Happens When You Miss the Deadline?
Unfortunately, the statute of limitations for wrongful death cases in Minnesota prevents some grieving families from seeking compensation for their loved one’s death. For example, if your loved one suffered a traumatic brain injury in a car accident but didn’t die from their injury until seven years after the accident, you may be unable to file a wrongful death claim.
Likewise, if you delay taking action until three years have passed since your loved one’s death, you will likely be unable to pursue a claim. The statute of limitations is a strict deadline—once it passes, you typically lose the legal right to seek compensation for your loss.
Exceptions may apply in extremely limited circumstances. However, it’s best not to assume an exception applies to your case without first consulting with an experienced wrongful death lawyer.
Our Minnesota Wrongful Death Attorneys Are Here to Help
Time is of the essence in wrongful death cases, so don’t wait to get the legal help you need. At Sieben Polk P.A., we have a legal team made up of compassionate and experienced Minnesota wrongful death attorneys ready to support you through this difficult time.
We’ll help you understand how the Minnesota wrongful death statute of limitations applies to your case and work diligently to file your claim before it’s too late. Call (651) 437-3148 or fill out our online contact form to schedule a free consultation. You pay nothing unless we obtain compensation on your behalf.
Sources
Minnesota Legislature. 2023 Minnesota Statutes. Chapter 573, chapter 573, section 573.02, 11 Nov. 2023. The State of Minnesota
Revisor of Statutes, https://www.revisor.mn.gov/statutes/cite/573.02. Accessed 24 Feb. 2024.
Minnesota Legislature. 2023 Minnesota Statutes. Chapter 541, section 541.076, 11 Nov. 2023. The State of Minnesota
Revisor of Statutes, https://www.revisor.mn.gov/statutes/cite/541.076. Accessed 24 Feb. 2024.
Silberstein v. Cordie, 474 NW 2d 850 – Minn: Court of Appeals 1991 – Google Scholar. https://scholar.google.com/scholar_case?case=9884060131964746699&q=%22wrongful+death%22+%22murder%22&hl=en&as_sdt=4,24. Accessed 29 Feb. 2024.
