WHO CAN RECOVER IN A MINNESOTA WRONGFUL DEATH CLAIM?
Minnesota law allows the family members, called “next of kin”, of any person who dies as the result of the fault of another person or entity to recover “damages” in a law suit. The term “next of kin” includes spouses (husbands and wives), parents, children and siblings (brothers and sisters). An unmarried boyfriend or girlfriend cannot be included even if engaged to be married or living together like a married couple.
DOES THE FACT THAT THE DECEDENT HAD A WILL MAKE ANY DIFFERENCE?
Absolutely not. It makes no difference whether the decedent (the person who died) had a will because the right to recover damages is not affected by the existence of a will. Even if the decedent left everything to one person or certain people, the will doesn’t control in a wrongful death claim. The persons who can make a claim are controlled by the law and not the will.
HOW IS COMPENSATION DECIDED FOR WRONGFUL DEATH IN MN?
The amount of compensation required to compensate a family for a wrongful death claim in Minnesota is “that amount of money that will fairly and adequately compensate for the losses suffered as a result of the death” by the family members. That includes the value of money (monetary) support, either in the form of wages and earnings or gifts that the decedent was accustomed to make to the next of kin.It also includes non- money (non-monetary) support including the value of the loss of “the counsel, guidance, and aid” as well as the “advice, comfort, assistance, companionship, and protection” that the decedent would have provided to the family members. That includes the value of love and affection. It includes the value of emotional and physical support, teaching, nursing care, child care, etc.
HOW IS A MINNESOTA WRONGFUL DEATH CLAIM PURSUED?
Minnesota law allows for only one wrongful death case. Family members must bring a single claim which is brought by a Trustee (or Trustees) who are appointed by the Court. Minnesota is different from most other states that have a procedure whereby the estate of the decedent brings a wrongful death claim. In those states, the personal representative of the estate is the individual responsible for pursuing a claim. Under Minnesota law, a wrongful death claim is pursued by opening a trusteeship with the court. Family members can suggest or petition the Court for the appointment of the Trustee. The Judge assigned to the case decides who will be the trustee or trustees, if more than one.
HOW IS A SETTLEMENT REACHED?
All settlements must be approved by the judge. The division of the settlement among the family members must also be approved by the judge. The Trustee appointed by the Court then selects a lawyer to represent the Trustee (and the entire family). The Trustee and the lawyer then pursuit settlement and/or file a law suit against the at-fault parties. If a settlement is reached without going to a jury trial, the settlement must be approved by the Judge in order to be valid and final. The Judge will then decide how to divide the settlement among the family members, i.e. the “’next of kin”. If the case is not settled, the jury will decide on the amount of the settlement. Usually, the jury will be asked to award separate amounts to the individual family members so there is no need for the Judge to decide on the division among family members.
WHAT IS THE STATUTE OF LIMITATIONS FOR A MINNESOTA WRONGFUL DEATH CLAIM?
The statute of limitations for wrongful death case in the state of Minnesota is generally three years from the date of death in most cases. However, there are some exceptions which depend on the type of case so that, in each case, the opinion of a Minnesota lawyer should be obtained as soon as possible after the death to determine whether there is a shorter period for each individual case.
IS IT NECESSARY TO HAVE A LAWYER TO PURSUE THE WRONGFUL DEATH CLAIM?
Technically speaking, it is possible to settle a wrongful death. However, for all practical purposes, it is virtually impossible to navigate the process without a lawyer. It is recommended that the opinion of the Minnesota lawyer should be obtained immediately after death, in the days and weeks following the death. The services of an experienced Minnesota wrongful death lawyer are very valuable in accumulating the evidence that is necessary to prove the fault of the “at fault” party. They are also very valuable in accumulating the evidence that is necessary to establish the maximum value of the wrongful death. Collecting the evidence to prove the full value of any wrongful death case is a matter in which the training and experience of a trial lawyer with wrongful death experience is valuable.
HOW MUCH DOES A WRONGFUL DEATH LAWYER COST?
Most experienced wrongful death lawyers are willing to work on a contingent fee which means that they get paid only as a percentage of the final settlement. Some will offer to advance the costs and expenses so that the family doesn’t have to go “out of pocket” during the procedure.
You Are Entitled to Compensation
An experienced Minneapolis Wrongful Death lawyer knows that, under Minnesota’s wrongful death law, the family of the victim of a fatal accident has a right to recover monetary damages against the at-fault party. Specifically, relatives of the person killed can petition the court to appoint a trustee. The trustee then has authorization to pursue a wrongful death claim on behalf of all family members of the lost loved one. The law does not permit family members to bring separate claims.
We represent families of victims who have died due to fatal injury accidents, including:
Car, truck and motorcycle accidents
Boating accidents
Product defect accidents
Workplace accidents
Medical malpractice accidents