Minnesota Wrongful Death Settlement Calculator
Minn. Stat. §573.02 — a court-appointed trustee brings the claim, not the family directly. Filing deadline depends on the cause of death: ordinary acts, medical malpractice, and murder each run on a different clock.
How does a Minnesota wrongful death claim work? The action is not filed by the family directly. A court-appointed trustee brings it on behalf of the surviving spouse and next of kin, and the filing deadline depends on how the death occurred.
⚖ Minn. Stat. §573.02: a trustee, not the family, files. Three different deadlines depending on cause of death.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Minnesota Wrongful Death — Trustee Requirement and Filing Deadlines
Minnesota wrongful death claims are governed by Minn. Stat. §573.02. Unlike many states, surviving family members do not sue directly. Under subdivision 3, upon written petition by the surviving spouse or one of the next of kin, the court appoints a trustee, and that trustee commences and continues the action on behalf of the statutory beneficiaries and distributes any recovery.
The filing deadline is not a single number — it depends on how the death occurred. For ordinary wrongful acts, the action must be commenced within 3 years after the date of death, but is also capped at 6 years after the underlying act or omission. That second cap matters: if death follows the wrongful act by more than 3 years, the window can close before a full 3 years from the date of death have passed. Where death is allegedly caused by the professional negligence of a physician, surgeon, dentist, hospital, or sanitarium, the claim runs 3 years from the date of death but is further bounded by the medical-malpractice statute of limitations at Minn. Stat. §541.076. Where death was caused by an intentional act constituting murder, there is no limitations period at all — the statute states the action may be commenced at any time after the death of the decedent.
A separate and shorter deadline applies where the claim is against a Minnesota municipality. Claims against a municipality generally require written notice within 180 days of when the loss or injury is discovered, under Minn. Stat. §466.05. That same statute specifically extends the notice period for wrongful-death claims to 1 year after the injury or loss that resulted in death, and the notice can be presented by the personal representative, the surviving spouse, next of kin, or a foreign consular officer. This 1-year notice deadline is independent of, and can be shorter than, the underlying filing deadline described above, so it needs to be tracked separately in any claim involving a city, county, or other municipal defendant.
Minnesota Wrongful Death FAQs
Who can file a wrongful death claim in Minnesota?
No individual family member sues directly. Under Minn. Stat. §573.02, subd. 3, the surviving spouse or one of the next of kin petitions the court in writing, and the court appoints a trustee, who then commences or continues the action on behalf of the statutory beneficiaries.
How long do I have to file a Minnesota wrongful death claim?
It depends on the cause of death. For ordinary wrongful acts: 3 years after the date of death, capped at 6 years after the underlying act or omission. For deaths allegedly caused by the professional negligence of a physician, surgeon, dentist, hospital, or sanitarium: 3 years from the date of death, further bounded by the medical-malpractice statute of limitations at Minn. Stat. §541.076. For deaths caused by an intentional act constituting murder: no limitations period; the action may be commenced at any time after the death.
Does the 6-year cap ever cut the window shorter than 3 years after death?
Yes. The ordinary wrongful-death track allows 3 years after the date of death, but never more than 6 years after the act or omission that caused it. If a person dies more than 3 years after being wrongfully injured, the case must still be filed within that overall 6-year outer limit, which can be less than 3 years measured from the date of death.
Is the deadline different when a doctor or hospital is responsible?
Yes. Deaths allegedly caused by the professional negligence of a physician, surgeon, dentist, hospital, or sanitarium run 3 years from the date of death, but that period is also bounded by Minnesota's medical-malpractice statute of limitations, Minn. Stat. §541.076.
Is there a deadline at all if the death was a murder?
No. Minn. Stat. §573.02 specifically provides that where death was caused by an intentional act constituting murder, the wrongful-death action may be commenced at any time after the death of the decedent.
What if the claim is against a city or county?
Claims against a Minnesota municipality generally require separate written notice within 180 days of when the loss or injury is discovered, under Minn. Stat. §466.05. That statute specifically extends the notice period for wrongful-death claims to 1 year after the injury or loss that resulted in death. This notice deadline runs independently of, and can be shorter than, the underlying filing deadline, so it has to be tracked on its own.
Is there a cap on the attorney's contingency fee?
There is no statutory cap on contingency fees in a Minnesota wrongful death case. Fees are governed by the general reasonableness standard of Minn. R. Prof. Conduct 1.5(a). A statutory cap does exist, but only for workers' compensation claims (Minn. Stat. §176.081, subd. 1: 20% of the first $275,000, up to a cumulative maximum of $55,000 per injury) — that cap does not apply to wrongful death.
Who is the trustee, and what do they do?
The trustee is a suitable and competent person appointed by the court after a written petition from the surviving spouse or one of the next of kin. The trustee is the party who legally commences and continues the lawsuit, and who is responsible for distributing any recovery to the statutory beneficiaries.
Related
Wrongful Death Calculators by State
Wrongful-death damages, caps, and who can file vary by state:
Other Calculators for Minnesota
Each Minnesota calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Minnesota verdict data where available.