Family Member Killed in Car Accident – MN Lawyer – What are the Family’s Rights?


It is tragic, and really unthinkable, that someone in your family could be killed in a car accident, or a semi-truck hit their car and kill them. But these terrible accident do happen and then you are faced with a range of emotions from such a life-changing event. Worse still, you may be facing serious financial fears that often come with the death of a family member, particularly if it is a parent who is killed: “How are we going to pay for the funeral?” “How will we survive without her income?” “How can I raise my kids without him?”

When a family member – whether a spouse, a child, a parent – is killed in a car crash or is killed because of a semitruck accident, there are several potential resources for obtaining financial compensation for the loss of the family member.


If the family member was killed in a car accident because another person was negligent, then the survivors may be able to obtain money compensation. This is called a “wrongful death” claim. Minnesota law allows compensation for the loss of companionship, comfort and guidance of the family member who was killed; the loss of income caused by the death of a husband or wife or parent; the loss of “services, protection, care and assistance” which the family member had provided the others in the family; the costs of the medical care that was needed just before the family member died; and reasonable funeral expenses. Many of these types of compensation are available if your husband or wife is killed in an auto accident, or some other way, and compensation is also available if your child is killed in a car accident or some other way. There can also be compensation for your loss if your mother or father is killed in a car accident even if you are grown and out of the house, or if your brother or sister is killed in a car accident. Our MN attorneys will explain these claims to you during your initial call to our office.

Our car accident personal injury attorneys have handled many MN wrongful death cases including where someone has died in a car accident or because of a semi truck. We understand that the loss of a family member is a tragedy that no amount of money will ever replace. We take these cases to heart and our lawyers work hard to at least obtain fair compensation for the family members who have suffered this terrible loss.


When a person is killed in a car accident in MN, the family has a right to some basic compensation through their own No Fault insurance coverage. This includes economic loss benefits compensation and replacement services loss occurring within one year of the date of the car crash. This is usually paid by the decedent’s own automobile insurance company. Economic loss benefits are limited to $500.00 per week and cover losses incurred after the death of a family member to cover what they would have contributed in wages, salary or other tangible things of economic value. Our top MN car accident lawyers have helped many people through the No-Fault system after a family member died in a car or truck accident, and an attorney from our office is always willing to patiently explain your rights to you as you go through this terrible time.

Services rendered for the household or childcare are also compensation paid to survivors under Minnesota’s No-Fault laws if a family member is killed in an auto accident. These are also limited to $200.00 per week, and are intended to reimburse the family for having to obtain help for those services the deceased family member would have performed. Again, this is compensation our car accident lawyers can help you with or explain your rights.

If a family member is killed in a car accident, Minnesota’s No-Fault laws also provides for $5,000.00 in funeral expenses. This coverage applies even if the person killed in the car accident is your son or daughter.


If the family member who died has worked at least one and one-half years in the three years before her death, certain remaining family members will be entitled to social security survivor’s benefits. For more information on who is eligible for benefits and what amounts can be obtained, see http://www.ssa.gov/survivorplan/ifyou.htm.

If you have lost a family member in a fatal car or truck accident, please call us so that a top attorney can more fully explain your rights to you. At a minimum you will have the right to MN No-Fault benefits, and you may also be entitled to compensation from the insurance company of the car or truck that caused the crash.

Pam Rochlin and David Rochlin are Minnesota personal injury attorneys with more than 25 years’ experience successfully handling hundreds of auto accident cases including where a family member is killed in the car crash. Pam was a former partner at Meshbesher & Spence, and offers small firm attention to her clients. Our car accident lawyers can meet with you to discuss your wrongful death case at our offices in Edina, Woodbury and Minneapolis. An attorney will also come to your home to discuss car accident wrongful death cases in St. Paul, Rogers MN, Elk River, Maple Grove, Brooklyn Park MN, Chanhassen, Chaska, Woodbury, Anoka, and other cities throughout Minnesota. We will always provide you with a free initial consultation and we never charge anything unless you and your family are compensated for your loss.