When someone dies due to another person’s negligence or intentional actions, family members may be left with not just emotional grief but also financial struggles. In Minnesota, the law provides a way for certain individuals to pursue justice by filing a wrongful death lawsuit. But who exactly can file such a claim?
The legal parties allowed to file a wrongful death lawsuit
Minnesota law specifies that only certain family members may file a wrongful death claim. Typically, the surviving spouse or children take priority. If the deceased person was married, the surviving spouse files for wrongful death compensation. If the deceased had children but lacked a spouse, the children bring the claim forward. In some cases, both the spouse and children may have the right to file.
In instances where the deceased person had no surviving spouse or children, the right to file a wrongful death lawsuit may extend to other family members. These could include parents, siblings, or even distant relatives who can prove that they were financially dependent on the deceased person.
Personal representatives and wrongful death lawsuits
In Minnesota, the personal representative of the deceased person’s estate also has the ability to file a wrongful death claim. This is typically someone appointed through the court system to manage the deceased’s estate. A personal representative may file the lawsuit on behalf of all eligible survivors, ensuring that the proper individuals receive compensation.
Exceptions and special circumstances
Some exceptions and unique situations exist. For example, if a wrongful death claim relates to a work injury, workers’ compensation could limit the ability to file a lawsuit. In rare cases, someone who is not an immediate family member, such as a close friend who proves financial dependence on the deceased, may file a wrongful death lawsuit.
Filing a wrongful death lawsuit can be a complex process, but understanding who can file the claim ensures that the appropriate individuals take action. If you believe you are eligible, it’s important to understand your rights and how the law applies to your specific situation.