Losing someone is hard, and funeral costs add stress. In Minnesota wrongful death cases, you can recover these expenses as part of your claim.
Who can claim funeral and burial costs?
In Minnesota, the personal representative of the deceased’s estate files a wrongful death claim. This person includes funeral and burial expenses in the damages. You don’t need a special petition. The claim automatically includes compensation for “the reasonable funeral expenses” and any related losses.
What counts as reasonable funeral expenses?
Reasonable funeral expenses usually include the casket or urn, funeral home services, burial plot or cremation niche, flowers, obituary notices, memorial programs, and transportation such as a hearse or family vehicles. Minnesota law expects you to show these expenses as necessary and reasonable, not extravagant. Receipts, invoices, and a funeral director’s statement support your claim.
Does insurance or other sources cover these expenses?
If life insurance or burial insurance pays funeral costs, the estate can still seek recovery. Minnesota law lets the estate recover full funeral expenses even when insurance covers part. However, if someone else, like a family member or employer benefit, pays the costs, the total damages you can claim decrease. This rule prevents double recovery.
How do you include funeral costs in wrongful death settlements?
During settlement or court proceedings, clearly itemize funeral expenses in the estate’s damage schedule. Your personal representative provides documentation of actual costs. Judges review and approve only expenses they find reasonable. While funeral expense awards vary, courts aim to reimburse families fully without allowing excess.
What should you do if expenses exceed expectations?
If funeral costs run high, explain why each expense was necessary. For example, if you needed long-distance transport, describe that need. Courts may accept higher expenses when you justify them. Keep your documentation clear and detailed.
Including funeral costs thoughtfully
Minnesota Statutes section 573.02 lets you recover “reasonable funeral expenses” in wrongful death cases. Section 573.01 authorizes the personal representative to pursue all damages, including funeral costs.
When you understand and document these expenses clearly, you help ensure fair reimbursement for your family.
