After filing a wrongful death lawsuit in Minnesota, families may face a legal process that lasts one to two years or longer. The case can involve several stages, such as discovery, settlement talks and trial. Knowing these steps can help families understand what may happen next.
How does the discovery phase work
Both sides begin gathering evidence after filing. Attorneys use written questions, document requests and depositions. Depositions involve sworn testimony from witnesses, medical experts and parties involved in the incident. Discovery can last several months to a year or more, and court-imposed deadlines govern when evidence and expert disclosures must be completed.
What role do settlement negotiations play
Settlement talks can resolve a wrongful death claim without a trial. During negotiations, insurers may review the evidence and consider factors such as liability, damages and litigation costs. The outcome depends on whether both sides can agree on the value of the claim.
Minnesota law limits wrongful death damages to certain financial losses, including:
- Lost financial support
- Loss of household services
- Reasonable funeral expenses
Minnesota Statutes § 573.02 does not allow damages for grief, mental anguish or loss of companionship. Medical costs related to treatment before death may instead be recovered through a separate survival action under § 573.01.
The parties may resolve the claim through a settlement or continue toward trial if they cannot reach an agreement. Accepting a settlement ends the wrongful death case.
When does the case go to trial
If settlement efforts do not resolve the wrongful death claim, the case may move toward trial. Key steps may include:
- Mediation: Minnesota courts may require the parties to attempt mediation before trial.
- Pretrial motions: The parties may file motions to address legal or evidentiary issues before the trial begins.
- Jury decision: The jury determines whether the defendant’s conduct caused the death and, when appropriate, the amount of damages.
- Comparative fault: Minnesota’s comparative fault rules can reduce or eliminate damages when the decedent bears some responsibility.
- Trustee requirement: A court-appointed trustee must bring the wrongful death action and distribute any recovered damages to the statutory beneficiaries.
These steps determine how the claim moves from failed settlement efforts to a final resolution at trial.
Understanding the Minnesota wrongful death timeline
Minnesota wrongful death cases move through several stages, each affecting the timeline and outcome. Many cases take one to two years or longer to resolve. An attorney familiar with Minnesota wrongful death law can explain how specific facts may affect the timeline and options available.