Minnesota Wrongful Death Damages Calculator

A court-appointed trustee brings the claim, there is no cap against private defendants, and since 2023 the same action recovers the decedent's own damages from the injury before death along with the family's pecuniary loss.

Cited to Minn. Stat. §573.02 FigureMyTax Editorial Team Free · no sign-up

Estimate the wrongful death claim

Enter economic losses, pick a severity level, the type of defendant, and the fault split.

$
Estimated total claim
—

What the statute provides

Under Minn. Stat. §573.02, a trustee appointed by the court on a written petition of the surviving spouse or a next of kin may sue if the decedent could have sued had they lived. The recovery is whatever the jury deems fair and just for all damages the decedent suffered from the injury before death and for the pecuniary loss from the death, for the exclusive benefit of the surviving spouse and next of kin, divided in proportion to each person's pecuniary loss. The court sets the shares; funeral expenses and any allowed demand for the decedent's support are deducted first.

The statute sets no cap. Claims against the state or a municipality are limited to $500,000 per claimant and $1,500,000 per occurrence. Fault follows Minn. Stat. 604.01: the decedent's fault is compared with each defendant's, and a defendant at 50% fault or less is liable only for its own share.

Injured in Minnesota?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a Minnesota attorney

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Minnesota statutes. Confirm how these rules apply to your specific case with a licensed Minnesota attorney.