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Statute of Limitations for Wrongful Death Claims in Minnesota

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Content Reviewed by:

Alan Scott Milavetz

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A loved one’s wrongful death is among the most painful events to experience. While no legal action can fully compensate for this kind of tragedy, Minnesota law provides a way for families to seek justice and financial relief through a wrongful death claim. However, Minnesota has strict deadlines for filing wrongful death claims. If you don’t file suit before the deadline passes, you’ll likely lose your right to hold the responsible party accountable and obtain he justice your family deserves.

At Milavetz Injury Law, P.A., our compassionate and experienced Minnesota lawyers have been helping grieving families navigate even the most complex cases for over 60 years. We can ensure you file your wrongful death claim on time. For more information and to initiate a claim, please call our skilled wrongful death attorneys at 763-560-0000.

Key Takeaways
Below you will find the key takeaways!

How Long Do You Have To File a Wrongful Death Claim in Minnesota?

Under Minnesota Statute §573.02, the surviving family generally must file a wrongful death claim within three years from the date of death, but no later than six years after the wrongful event giving rise to the claim occurred.

However, there are exceptions to this rule in cases involving medical malpractice and intentional harm. If your loved one’s death resulted from medical malpractice, the claim still must be filed within three years of their death, but no later than four years from the malpractice act itself. If the death results from an intentional act that qualifies as murder, there is no statute of limitations, and the surviving family can file suit at any time.

Were You Injured in a Car Accident?

When Does the Clock Start Ticking on Minnesota Wrongful Death Claims?

Generally, the countdown to file a claim begins on the date of death, not the injury or accident date. This distinction matters because it gives the surviving family members time to investigate the cause of death, gather evidence, and decide whether to file a lawsuit. As a result, delays in determining the cause of death or obtaining medical records can impact the timing. The safest course of action is to act quickly and secure a wrongful death attorney in Minnesota today.

What Happens if You Miss Your Deadline To File a Wrongful Death Claim in Minnesota?

Missing the deadline provided by the wrongful death statute of limitations can bar you and your family from securing compensation for your loved one’s passing.

We understand this is a difficult time for you, and the thought of beginning any complex legal process may feel overwhelming. However, filing delays can result in a loss of evidence or the inability to obtain compensation. Our compassionate wrongful death law firm can help you begin the filing process and lift some of the burden from your family. We will handle the complicated matters while you focus on healing.

Were You Injured in a Car Accident?

Can the Statute of Limitations for Wrongful Death Claims in Minnesota Be Extended?

Wrongful death time limits are strict and generally not subject to tolling, or pauses, in Minnesota. Courts have consistently enforced these deadlines, even in heartbreaking situations where families did not discover the cause of death until it was too late.

Limited exceptions apply in the following circumstances:

  • The responsible party concealed the wrongful act by fraud. But even then, the family must act promptly once they discover the truth.
  • The lawsuit asserts a different legal theory with a separate statute of limitations—for example, a survival action or medical malpractice claim.

How Can a Minnesota Wrongful Death Lawyer at Milavetz Injury Law Help You Protect Your Rights?

Milavetz Injury Law, P.A., has over 60 years of legal experience helping families get justice after a wrongful death. Our firm will shoulder the bulk of your wrongful death lawsuit from start to finish, including the following:

  • Investigating the cause of death
  • Gathering timely evidence
  • Handling negotiations with insurers
  • Filing claims before the statute of limitations expires

Our lawyers have earned recognition from prestigious organizations over the years, including Minnesota Super Lawyers, Attorney of the Year, and Minnesota’s Top Personal-Injury Lawyers, among others. We have secured millions of dollars for clients throughout Minnesota, including the following noteworthy results:

  • $15.5 million recovered for a truck accident
  • $6.1 million recovered in a dangerous drug case
  • $4.1 million recovered in an aviation accident
  • $567,000 recovered for the wrongful death of a minor in a traffic accident

Contact our law office today to learn more about how we can support your wrongful death claim.

Contact Us for a Free Wrongful Death Case Evaluation

If your loved one has died from an accident in Minnesota, schedule a free consultation with our Minneapolis personal injury lawyers to explore your legal options. Our dedicated team will handle the process with professionalism and compassion. Remember that time is limited, and early action protects your rights.

Contact us today to begin the process of seeking justice for your loved one’s death.

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