Maple Grove Wrongful Death Attorney

25 Years of Trial Experience. Direct Attorney Access for Every Family.

Losing a family member because of someone else’s choices is devastating. In the middle of grief, it can be hard to know whether what happened is simply a tragedy or a preventable death that Minnesota law may recognize as wrongful. You may also feel unsure about whether to call a wrongful death attorney or what that first conversation would even look like.

At Butwinick Injury Law, we help families in Maple Grove, MN and across Hennepin County understand their legal options after a fatal crash, unsafe condition, or other negligent act. When you work with us, you work directly with Attorney Bob Butwinick, a seasoned trial lawyer with more than 25 years of experience handling serious injury and wrongful death cases in Minnesota.

We prepare every case for trial from day one, and we do it with compassion, honesty, and clear communication. Your consultation is free, and you pay no attorney fees unless there is a financial recovery for your family.

Call (763) 415-7462 to schedule your free consultation with Butwinick Injury Law.

What Is Wrongful Death?

Wrongful death occurs when a person dies as a result of another party’s negligent, reckless, or intentional actions. In Minnesota, wrongful death claims are civil lawsuits designed to compensate surviving family members for the losses they suffer. To establish a claim based on negligence, four elements must be proven: the defendant owed the deceased a duty of care, the defendant breached that duty, the breach caused the death, and the death caused compensable damages. Intentional torts such as assault or battery can also give rise to a wrongful death claim where the defendant meant to harm the victim.

Common incidents that may lead to wrongful death claims include:

• Car accidents and motorcycle crashes
• Truck and commercial vehicle crashes
• Medical malpractice and hospital negligence
• Defective or dangerous products
• Workplace accidents
• Nursing home abuse or neglect
• Pedestrian and bicycle accidents

We can evaluate the circumstances of your loved one’s death to determine whether a valid claim may exist and who may be legally responsible.

Minnesota Wrongful Death Law Under § 573.02

Wrongful death cases in Minnesota are governed by Minnesota Statutes § 573.02. Unlike many other states, Minnesota requires that a court-appointed trustee bring a wrongful death lawsuit on behalf of the surviving family members. That trustee is often a surviving spouse or close family member and acts on behalf of all eligible beneficiaries throughout the legal process.

Trustee requirement: The court appoints a trustee to pursue the claim on behalf of next of kin.

Statute of limitations: Most wrongful death claims must be filed within three years of the date of death, but no later than six years from the negligent act. Missing this deadline may bar a family from recovery entirely.

Fault-based standard: The plaintiff must prove that the defendant’s negligence or wrongful act directly caused the death.

Who Can File a Wrongful Death Lawsuit in Minnesota?

In Minnesota, wrongful death lawsuits are filed by the court-appointed trustee, but the compensation recovered is intended for the surviving next of kin. Eligible beneficiaries may include:

• Surviving spouse
• Children (biological or adopted)
• Parents of the deceased
• Other dependents or next of kin

The court determines how compensation is distributed based on each beneficiary’s relationship to the deceased and the level of financial or emotional loss suffered. Once a resolution is reached, the court must approve any distribution of settlement funds to the heirs and next of kin.

We help families navigate trustee appointments, identify eligible beneficiaries, and ensure all parties’ interests are properly represented throughout the process.

Compensation in a Minnesota Wrongful Death Case

A wrongful death claim seeks to compensate surviving family members for both economic and non-economic losses. Economic losses are straightforward to document; non-economic losses require careful presentation of the real human cost to the family.

Types of compensation may include:

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Loss of financial support and future income
• Loss of benefits such as health insurance or retirement contributions
• Loss of companionship, guidance, and emotional support
• Loss of consortium for surviving spouses
• Loss of care and nurturing for children

In cases involving especially egregious conduct, punitive damages may also be available under Minnesota law to punish the wrongdoer and deter similar behavior. The value of a wrongful death claim depends on the specific facts, the deceased’s age and earning capacity, and the number and relationship of surviving beneficiaries, among other factors. We work with financial experts and economists to calculate the full value of your claim.

Wrongful Death FAQs

How Long Does a Wrongful Death Case Take in Minnesota?

The timeline depends on case complexity, the number of parties involved, and whether the case settles or proceeds to trial. Some claims resolve in months; others take a year or more. Cases involving disputed liability or litigation through Hennepin County District Court tend to run longer.

Do All Family Members Have to Agree to File a Claim?

Not necessarily. The court-appointed trustee files the lawsuit, but disputes among beneficiaries can arise. An attorney can help resolve conflicts and support fair distribution across all eligible next of kin.

What If the Deceased Was Partially at Fault?

Minnesota follows a modified comparative fault rule. Under Minnesota Statutes § 604.01, compensation may still be available as long as the deceased was less than 51% at fault, though it may be reduced in proportion to the degree of fault assigned.

How Much Does It Cost to Hire a Wrongful Death Lawyer?

Butwinick Injury Law works on a contingency fee basis, meaning you pay no attorney fees unless compensation is recovered for your family. There are no upfront costs and no fees if there is no recovery.

What Should Families Do First After Losing a Loved One Due to Possible Negligence?

Contact a wrongful death attorney as soon as possible. Evidence can deteriorate quickly, witnesses’ memories fade, and Minnesota’s statute of limitations begins running from the date of death. An early consultation can help preserve your options and give your family a clear picture of what comes next.

Why Maple Grove Families Choose Butwinick Injury Law

In a wrongful death case, you’re not just navigating complex law and insurance disputes. You’re trying to honor your loved one and protect your family’s future. Most families tell us they don’t want to be treated like a file number or passed between different lawyers and staff members. We built this practice around a different model.

Direct Access to Attorney Robert S. Butwinick

You work one-on-one with Attorney Robert S. (Bob) Butwinick from the first call through resolution. There are no junior associates handling your case behind the scenes. Bob listens to your story himself, answers your questions, and is directly involved in strategy, negotiations, and trial preparation.

With more than 25 years of litigation and trial work in Minnesota and more than 2,500 cases handled for injured clients, Bob understands how serious cases are built and defended. He prepares every matter with trial in mind from day one, gathering detailed evidence, examining all potential angles of responsibility, and developing a clear narrative of what happened and how the loss has affected your family. Even when a case resolves through settlement, that level of preparation can produce a stronger position at the table.

A Selective Caseload & Proven Results

We intentionally limit the number of cases we accept so we can devote meaningful time and attention to each family, return calls promptly, and explain what is happening at every stage in plain language.

We also bring a history of significant results in serious injury and wrongful death matters, including multi-million-dollar recoveries. Every situation is different and past results don’t predict future outcomes, but that record reflects our experience handling high-stakes cases and presenting complex losses to insurers and, when necessary, to a jury.

Professional Recognition & Hennepin County Court Familiarity

Bob has been selected to Minnesota Super Lawyers, served as an appointee of the American Arbitration Association to resolve no-fault automobile insurance disputes, and was recognized by Trial Lawyers Care for pro bono legal service to victims of 9/11. Our office is based in Maple Grove, and we handle wrongful death cases that may proceed through Hennepin County District Court and courts throughout Minnesota. We offer free consultations, virtual consultations, and 24/7 availability for families who need answers after a serious loss. Families trust us for both our legal experience and our personal approach.

Contact us today to speak directly with Bob Butwinick about your family’s situation. Your consultation is free, and there are no fees unless we recover compensation for you.