When someone is killed by the carelessness or negligence of another, this is called a Wrongful Death Claim.  Actions for Wrongful Death are guided by Minnesota Statute Sec 573.02.  A Wrongful Death Claim involves the following elements:

• If a person dies
• Because of the wrongful act or omission of any person or corporation
• The trustee appointed to pursue the action may recover the pecuniary loss to the surviving spouse and next of kin resulting from the death
• The court then determines the proportionate pecuniary loss of the persons entitled to the recovery and orders distribution accordingly

List of Frequently Asked Questions To Help You Through this Process

How Do I Commence a Claim?
First, a trustee must be appointed by the appropriate court (the court that has jurisdiction).  All potential heirs and next of kin have to be identified and contacted.  Family should then decide who they want to serve as the Trustee, and then petition the Court and get its approval.  There will be hearing, and all heirs are entitled to be placed on notice.  The Trustee must file a consent and oath before he or she commences with any of their duties.  Before receiving any money, the Trustee has to file a bond as security.  Once a trustee is appointed, he or she will then retain a lawyer to pursue the case

Who Can Be a Trustee?
The trustee must be suitable and competent.  The trustee should also be someone that a jury and the heirs can trust because they may likely be in charge of investing and distributing money that is recovered in a settlement or verdict.  The trustee should not be someone who may be a potential defendant in the case or someone who could be found negligent in causing the death.

Who can Recover
For purposes of a wrongful death act, the parties that have a financial interest in the recovery are the surviving spouse and next of kin (which would generally mean blood relatives who have suffered a pecuniary loss).  Examples would be parents, brothers, sisters, children, even adopted children.  In some instances, a claim for punitive damages may be awarded as well.

How Long Do I Have To Make a Claim?
Generally speaking, Minnesota has a three year statute of limitations from the date of the death, as long as the action is commenced no longer than 6 years after the incident occurred (there are situations where someone is injured, and dies later on because of complications from the injury).  Sometimes a shorter statute of limitation will apply (a medical malpractice case has a shorter statute of limitations), which is why it is critical to contact an attorney for a free consultation.

What Does Pecuniary Loss Mean?
Pecuniary loss means the reasonable value of the counsel, guidance, advice, assistance, and protection that the decedent (deceased) would have provided to the next of kin.

Dealing with the death of a loved one is something that cannot be described with words, and contacting a lawyer is often the last thing you want to do.  Please keep in mind that it is important to contact an attorney as soon as you are able. 

Evidence can be destroyed or tampered with
Witnesses need to be interviewed while their memory of the incident is fresh
Statute of limitations issue could arise which could prevent you from making a claim

Contact one of our experienced wrongful death lawyers for a free consultation.   Call 612-370-1406 or click here to e-mail.