What Do You Need to File a Wrongful Death Lawsuit?
Losing someone you love because of another person’s negligence is a pain that’s hard to put into words. It’s more than just grief—it’s shock, confusion, and a deep need for answers. A wrongful death lawsuit won’t bring that person back, but it can help provide financial security and a sense of justice. If you’re considering legal action, here’s what you’ll need to know to start the process.
Understanding What a Wrongful Death Lawsuit Is
A wrongful death lawsuit is a legal claim brought when someone dies due to the negligence or misconduct of another person, company, or institution. This isn’t a criminal case—it’s civil. That means the focus isn’t on punishing someone with jail time but rather holding them financially accountable.
In Minnesota, like many other states, the claim must be filed by a court-appointed trustee on behalf of the surviving family members or dependents. These lawsuits can arise from medical malpractice, car accidents, workplace incidents, defective products, and even criminal acts.
Who Can File a Wrongful Death Lawsuit?
You can’t file just because you’re affected emotionally. Minnesota law requires that the court appoint a trustee to represent the family. Usually, this is a spouse, parent, adult child, or sibling. If you’re not immediate family, you may still have a claim if you were financially dependent on the deceased—but you’ll need legal guidance to make that case.
A Minneapolis personal injury lawyer like Mark Perron can help walk you through this step, making sure the right person is named as trustee and ensuring that everyone who is eligible to receive compensation is represented.
What You’ll Need Before You File
This isn’t a matter of walking into court with a story. You need hard proof—and you’ll need to gather it quickly. Time is not on your side with legal deadlines looming. Here’s what you’ll need to get started:
1. A Death Certificate
You’ll need an official record of death issued by the state. This document verifies the date and cause of death and is the cornerstone of any legal action.
2. Proof of Negligence or Wrongdoing
It’s not enough that someone died. You must show that their death was caused by someone else’s negligent or intentional actions. That might include:
- Medical records showing a missed diagnosis or error
- A police report from a fatal accident
- Surveillance footage or eyewitness accounts
- Expert opinions connecting the cause of death to someone’s actions
3. Documentation of Financial Loss
You’ll also need evidence of the financial impact the death has had on surviving family members. That includes:
- Funeral and burial expenses
- Lost wages the deceased would’ve earned
- Medical bills prior to death
- Loss of benefits like insurance or retirement income
A skilled Minneapolis medical malpractice lawyer can help compile these numbers and ensure nothing is overlooked.
4. Evidence of Emotional and Non-Economic Damages
This can be harder to document but is just as important. Emotional suffering, loss of companionship, and loss of guidance (especially for minor children) can all factor into the claim. Testimonies from family members, therapists, or community members may be used here.
The Statute of Limitations in Minnesota
Minnesota law gives families up to three years from the date of death to file a wrongful death lawsuit—but there are exceptions. If the death wasn’t discovered right away or if fraud delayed discovery, the clock might start later.
Still, waiting can seriously harm your chances. Evidence can disappear. Witnesses move or forget details. Hospitals and insurance companies begin building their defense immediately. If you even suspect a wrongful death occurred, talk to an attorney right away.
Why Legal Representation Is Essential
Wrongful death claims are never simple. You’re likely dealing with grieving family members, complex medical evidence, and insurance companies trying to protect their bottom line. This is not a time to go it alone.
An experienced Minneapolis medical malpractice lawyer like Mark Perron understands what’s needed to build a strong case and will ensure your family’s story is told with clarity and force. From filing the paperwork to negotiating with insurers to going to court, your lawyer will be your advocate every step of the way.
What Happens After You File
Once the trustee is appointed and the lawsuit is filed, the defendant (person or organization being sued) has a chance to respond. Then the discovery process begins—both sides gather and exchange evidence. This can take months or even longer, depending on the complexity of the case.
Often, wrongful death lawsuits end in a negotiated settlement. This means the parties agree to an amount of compensation without going to trial. But if a fair offer isn’t made, your lawyer should be prepared to take the case to court and fight for a verdict.
How Compensation Is Distributed
The compensation awarded in a wrongful death claim goes to the surviving family members. In Minnesota, the court determines how to distribute the settlement or award based on the closeness of the relationship and the level of financial dependence.
That’s why it’s so important to include everyone who may be eligible in the original lawsuit. An experienced lawyer will make sure no one is left out and that the distribution is handled fairly.
Final Thoughts
No one wants to be in this situation. But if your loved one died because of someone else’s negligence, taking legal action might be the only way to get answers—and the support your family needs to move forward.
Gather the documentation, stay within legal time limits, and get in touch with someone who knows how to help. Mark Perron of Perron Law Office, a trusted Minneapolis medical malpractice lawyer, has guided many families through this process with compassion and skill. If you’re ready to take the next step, don’t wait.
If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. Simply reach out on (651) 317-8133 to schedule your free consultation.
