Twin Cities Fatal Accident Lawsuits: What Families Need to Know
After a fatal crash in Minneapolis–St. Paul, Minnesota law generally requires a court-appointed trustee to bring a wrongful death claim for the benefit of the surviving spouse and next of kin. This guide explains key steps, damages, timelines, comparative fault, insurance coordination, and special issues that often arise in Twin Cities cases, with links to the relevant Minnesota statutes.
Understanding Minnesota Wrongful Death Claims
In Minnesota, a death caused by another person or entity’s wrongful act, negligence, or fault may give rise to a civil wrongful death claim seeking financial recovery for the losses of surviving family members. These claims can stem from motor vehicle crashes, trucking collisions, unsafe property conditions, defective products, workplace incidents, and other negligent acts. In the Twin Cities, multiple agencies (city police, county sheriffs, and the Minnesota State Patrol) may be involved, and early evidence preservation is critical. See Minnesota Statutes § 573.02.
Who Can Bring the Claim
Minnesota law requires a court-appointed trustee to bring the wrongful death action for the benefit of the surviving spouse and next of kin. The trustee acts on the family’s behalf and oversees the case, settlement negotiations, and court-approved distribution to beneficiaries. Families commonly nominate a trusted relative; the court evaluates suitability and potential conflicts before entering an order. See Minn. Stat. § 573.02.
Key Steps After a Fatal Crash in the Twin Cities
- Preserve evidence: Request police crash reports, traffic or surveillance video, 911 audio, and vehicle data. Send prompt preservation letters to at-fault drivers, trucking companies, rideshare platforms, or premises owners.
- Seek trustee appointment: File a petition in the appropriate Minnesota district court to appoint a trustee for the wrongful death claim. See § 573.02.
- Identify all insurance: Review the at-fault party’s liability coverage, any employer policies (for commercial vehicles), and the family’s own uninsured/underinsured motorist (UM/UIM) coverage.
- Investigate fault: Reconstruct the crash, interview witnesses, and evaluate comparative fault issues.
- Protect related benefits: Coordinate with workers’ compensation if the death arose out of employment and address potential medical or funeral expense liens.
- Avoid premature settlements: Do not sign releases until all losses and beneficiaries are identified and the court process is followed.
What Damages May Be Recoverable
Recoverable damages may include pecuniary losses to the surviving spouse and next of kin, such as loss of support, services, protection, care, counsel, companionship, and guidance, as well as reasonable funeral and burial expenses and the decedent’s final medical expenses. A Minnesota district court ultimately oversees distribution among beneficiaries based on their losses. See Minn. Stat. § 573.02.
Statutes of Limitation and Notice Deadlines
Most Minnesota wrongful death actions must be commenced within three years after the date of death and, in any event, within six years after the act or omission causing the death. There is an exception for deaths caused by conduct constituting murder. See Minn. Stat. § 573.02.
Claims involving governmental entities may also carry strict written notice requirements and deadlines. For municipalities and other local government units, see Minn. Stat. § 466.05. For claims against the State of Minnesota, see Minn. Stat. § 3.736. Missing these requirements can limit or bar recovery, so prompt action is important.
How Comparative Fault Works
Minnesota applies a modified comparative fault system. If the decedent shares responsibility, recoverable damages may be reduced in proportion to that fault; if the decedent’s fault is greater than the fault of the party or parties from whom recovery is sought, recovery is barred. See Minn. Stat. § 604.01.
Lawsuit Timeline and Process
While every case is unique, wrongful death matters often proceed through trustee appointment, investigation and insurance claims, filing suit in district court, discovery, mediation, and either settlement or trial. Timelines vary based on complexity, number of parties (including commercial carriers or public entities), and court scheduling in Hennepin, Ramsey, and surrounding counties. Consult counsel promptly to preserve rights and evidence.
Special Considerations in Commercial and Public Entity Cases
- Commercial vehicles: Driver qualifications, hours-of-service, and maintenance may be regulated; preserve motor carrier records, electronic logging device (ELD) data, and telematics early.
- Rideshare and delivery platforms: Liability coverage can depend on app status and whether a ride or delivery was accepted.
- Public entities and road defects: Special notice and procedural requirements apply; act quickly to avoid missing required steps. See § 466.05 and § 3.736.
Coordinating Insurance and Benefits
Families may access multiple sources in addition to liability insurance:
- No-fault (PIP) benefits: Certain crash-related expenses may be available regardless of fault under Minnesota’s No-Fault Act. See Minn. Stat. § 65B.44.
- UM/UIM coverage: If the at-fault driver is uninsured or underinsured, UM/UIM may apply. See Minn. Stat. § 65B.49.
- Workers’ compensation death benefits: If the death occurred in the course of employment, dependents may be entitled to benefits. See Minn. Stat. § 176.111.
Each source has its own rules, notice requirements, and potential reimbursement or subrogation rights that should be managed carefully alongside the wrongful death claim.
Practical Tips
- Act quickly to request nearby traffic cam footage before it is overwritten.
- Keep a centralized file for insurance letters, bills, and receipts to simplify claims and court approval.
- Limit conversations with insurers to basic facts until you have counsel; decline recorded statements.
- Identify all potential venues in the Twin Cities; filing location can affect scheduling and procedures.
What to Bring to a Free Consultation
- Police crash report number and any supplemental reports
- Photos, video, or vehicle data downloads
- Names and contact information for witnesses
- Insurance information for all vehicles and policies
- Medical and funeral expense documentation
- Any correspondence from insurers or claims administrators
- Probate or trustee appointment documents (if already filed)
FAQs
Who chooses the trustee?
Family members typically nominate a trusted relative, and the district court appoints the trustee if appropriate.
Can we settle without going to court?
Many cases settle, but court involvement is still required to appoint a trustee and approve distribution to beneficiaries.
What if multiple drivers share fault?
Minnesota’s comparative fault rules may apportion responsibility among multiple parties and can reduce recovery if the decedent shared fault.
Are punitive damages available?
Punitive damages may be pursued in limited circumstances with court permission when there is clear and convincing evidence of deliberate disregard for the rights or safety of others.
How Our Firm Helps
We help families by promptly preserving evidence; obtaining trustee appointment; coordinating with investigating agencies; identifying all responsible parties and coverages; retaining reconstruction and economic experts; managing insurer communications; and presenting the full measure of the family’s losses for settlement or trial across the Twin Cities and greater Minnesota.
Ready to talk? Contact us for a free, confidential consultation.
This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Legal rules can change and vary by situation; consult a licensed Minnesota attorney about your specific circumstances.



