Statute of limitations are laws that dictate the time in which a case needs to be filed. Each state has its own laws for the time limitations in which to bring a lawsuit, and each type of injury has its own rules. When death occurs, the wrongful death statute of limitations applies. In general, the statute of limitations for wrongful death is three years in Minnesota; but there are exceptions to this rule. 

First, the action must be filed within six years of the act or omission that caused the death. So if a person was injured in year one and dies of those injuries seven years later, no wrongful death action could be brought even if it was brought within three years of the death. 

The reasoning behind this exception refers back to the general statute of limitations for negligence, which is six years. If the deceased didn't file a lawsuit for incurred injuries within six years, the claim expires. The fact that the injuries subsequently result in death should not revive the claim. 

Another exception to the wrongful death statute of limitations applies if the death is caused by medical malpractice. In these cases the medical malpractice statute of limitations comes into play. These claims must be filed within three years of the date of death, but under no circumstances may the action be filed beyond four years after the date the malpractice occurred.

Another common wrongful death question revolves around next steps when a family member dies as a result of the negligent act of another. State law varies on who can bring action, but generally family members have the right to claim damages against the person or corporation that caused the wrongful death.

The first step in a wrongful death action of a family member calls for the appointment of a trustee by the court. The family can petition the court to appoint a person of their choosing to serve as the trustee. The trustee is then charged with not only pursuing the lawsuit, but also with investing and distributing recovered money from a verdict or settlement. Therefore it is crucial to choose the trustee carefully.

In wrongful death actions, family members may be entitled to "pecuniary" damages. The court determines the proportionate pecuniary (money) loss among the family members and orders distribution accordingly. Pecuniary loss may include the victim's death expenses (funeral, medical, etc.); anticipated loss of future earnings of the victim; benefits lost due to the victim's death (medical insurance, pension, 401K, etc.); loss of companionship, and the care or protection lost to the survivors as a result of the death. In some cases, punitive damages may be awarded to punish the person or corporation causing the death. 

Note that in wrongful death cases, the survivors are not recovering damages on behalf of the deceased. For example, the pain and suffering of the deceased would not be the basis of recovery in a wrongful death action. 

About the only provision of the wrongful death statute of limitations that doesn't have some sort of exception to it is the time limitation for deaths caused by an intentional act constituting murder. In these situations, the suit can be brought anytime following the death.

If you have lost a family member and are wondering about your rights, contact one of the wrongful death attorneys in our firm at www.knowyourrights.com or call 1-800-4-RIGHTS. We have decades of experience in pursuing claims under wrongful death statutes.