Who Has Priority When It Comes To Wrongful Death Benefits In Minnesota?

The unexpected death of a loved one will come as a major shock, especially if it happened as a result of someone else’s actions or negligence. When this happens, a person may be entitled to file a wrongful death claim against another party, but it’s worth noting that multiple people can’t file a wrongful death claim over the same individual. So who has priority when it comes to being eligible to file a wrongful death claim in Minnesota? We break down the priority hierarchy for wrongful death benefits in today’s blog.

Who Has The Right To A Wrongful Death Claim?

The situation around a wrongful death can be complex and emotional, and we’ve seen situations where families end up fighting over who can pursue wrongful death benefits. We’ve seen parents try to collect benefits over a spouse. We’ve seen siblings try to move forward with a wrongful death claim before the grandparents can file on their own. However, since multiple wrongful death claims cannot be filed over the loss of one individual, the courts in Minnesota have established a hierarchy for determining who can file for wrongful death benefits.

In Minnesota, only surviving relatives are eligible to pursue a wrongful death claim following the loss of their loved one. Here’s a breakdown of who has the most priority to the least priority

1. Spouse – If a spouse wants to pursue wrongful death benefits, they will have the first option to do so. Nobody has priority over a spouse who opts to move forward with a wrongful death claim.

2. Children – If there is no surviving spouse or the spouse does not wish to pursue a wrongful death claim, any surviving children would be next in line.

3. Parents – If a surviving spouse or children opt not to file a wrongful death claim, then the parents of the deceased would be eligible to pursue wrongful death benefits.

4. Grandparents – If the three above parties do not exist or opt not to pursue wrongful death benefits, then the grandparents of the deceased could move forward with a claim.

5. Siblings – Finally, siblings of the deceased are last in line to be able to pursue wrongful death benefits.

If you aren’t related in any of the above ways, you’re not going to be able to pursue wrongful death benefits on your behalf. However, if you shared a child with the deceased and they are not yet old enough to pursue a claim on their own, you may be able to file for wrongful death benefits on their behalf. Any award would be placed in a trust until the child comes of age.

This also means that boyfriends, girlfriends, fiances, roommates and best friends would all be ineligible for wrongful death benefits. Your grief may still be immense, but under the eyes of the law, you are not eligible to pursue wrongful death benefits.

If you need help filing for wrongful death benefits after the loss of a loved one, we can be your guide and help you get the compensation you deserve. For more information, or for help with your injury or wrongful death case, give Dean and the team at Margolis Law Firm a call today at (952) 230-2700.