Minnesota Wrongful Death Lawyer & Attorney : Minneapolis Wrongful Death Law Firm : Brown Law Offices : St. Paul, Twin Cities MN

Wrongful death lawsuits are subject to timelines known as the "statute of limitations." These statutes cap the amount of time an individual has to file a wrongful death lawsuit. Each state has a different statute of limitations. 

In Minnesota, a wrongful death case based on the negligence of another must be filed within three years of the date of death, but in no event can the lawsuit be filed more than six years from the date that the act giving rise to the death occurred.

In situations where the lawsuit is based upon medical malpractice, the action must be filed within three years of the date of death, but in no event can the action be filed more than four years from the date that the act that giving rise to the injury occurred.

Do you have a question about the timeliness of your wrongful death claim? Speak with a MN wrongful death attorney with the Brown Law Offices, P.A. Our lawyers have many years of experience and will fight to obtain justice for you and your family. Please call (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you. We don't charge a fee unless we obtain a settlement on your behalf.

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A wrongful death lawsuit is typically initiated by the immediate family of an individual who dies because of the negligence or wrongful conduct of another person. Section 573.02 of the Minnesota statutes provides that if an individual dies because of the omission, negligence or wrongful act of another person or corporation, then the immediate family (surviving spouse and next of kin) have legal right to seek compensatory and pecuniary damages.

What is the role of the trustee?

One of the family members of the decedent is appointed as a trustee by the court, who represents the legal cause of the entire family in a Minnesota wrongful death case. On the basis of the proportionate compensatory and pecuniary loss decided by the court, the trustee distributes the compensation to all the family members.

Who can be a trustee?

Any immediate family member of the victim of the wrongful death who is worthy of being trusted by the beneficiaries, and the jury, and who is capable of fulfilling the duty of investing, and distributing, the compensation recovered in the settlement, can be appointed as a trustee. To be more precise, an immediate family member who is competent and able, and who does not have any probability of being a possible defendant can be appointed as a trustee.

How is a trustee appointed?

A trustee is appointed by the court and the process of appointing a trustee include the following steps:

• All the beneficiaries and next of kin are identified and contacted;
• All the beneficiaries determine one individual whom they want to serve as the trustee;
• A petition is filed by them for the appointment of the selected individual as the trustee;
• A hearing is scheduled and all the beneficiaries have the right to be placed on notice;
• Once the court gives its approval for the appointment, the trustee must agree to the appointment and should take an oath to protect the rights and interests of other beneficiaries;
• The trustee signs a bond as security; and
• The trustee retains a lawyer to pursue the wrongful death lawsuit.

Who is eligible to recover damages?

According to the Minnesota Wrongful Death Act, immediate family members such as the surviving wife, children and parents are eligible recover damages. In some states, even distant relatives are allowed to seek compensation.

When can a claim be filed?

Minnesota's statute of limitations indicates that beneficiaries must initiate a claim within three years of the wrongful death of the victim. Medical malpractice incidents have a shorter statute of limitation.

Have you been asked to serve as a trustee in a wrongful death lawsuit in Minnesota? Speak with a MN wrongful death lawyer with the Brown Law Offices, P.A. Our attorneys have years of experience and will answer all of your questions about the process. Contact us by calling (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you. No fee unless we win.

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Wrongful death claims in the state of Minnesota are governed by Minnesota statute. The statute provides that the trustee appointed by the court should act on behalf of the family members of the deceased to bring a wrongful death claim.

The statute  states that when death is caused by the wrongful act or omission of any person or corporation, the trustee appointed by the court may maintain an action if the decedent themselves may have maintained an action, had the decedent lived, for an injury caused by the wrongful act or failure to act.

In obtaining justice and deserved compensation for the claimants, a wrongful death lawyer must prove by a preponderance of the evidence that:

• The death of the individual was caused due to the negligence or the wrongful act of a corporation or individual; and
• The avertable expenses, financial losses or damages were caused because of the wrongful death of the individual.

According to Minnesota wrongful death statute, the attorney is the representative of the trustee, who in actuality stands for the interests of the immediate family of the deceased. The trustee appointed by the court is usually an immediate family member of the deceased, and is required to represent the family in the wrongful death lawsuit. Once the claimants obtain compensation, it is the duty of the trustee to divide the proceeds among the immediate family members of the deceased. The court will approve the distribution.

Minnesota law allows the heirs of the victim to make a claim for the loss of income, as well as for pecuniary losses. In Minnesota, the survivors cannot recover damages such as grief, pain and distress experienced before and during the death of the victim. The Minnesota wrongful death statute provides that the beneficiaries may be compensated for the following:

• Loss of guidance;
• Loss of affection and care;
• Loss of companionship and society;
• Loss of comfort;
• Loss of potential services and earnings;
• Medical and funeral expenses; and
• Punitive damages can be recovered if there is a clear indication of a criminal conduct or reckless disregard for the health, safety and welfare of others.

A wrongful death claim must be filed within three years of the death of the victim.

Need help pursuing a wrongful death lawsuit in Minnesota? Speak with a Minneapolis wrongful death lawyer with the Brown Law Offices, P.A. Our attorneys have years of experience and will fight to obtain the compensation you deserve. Contact us by calling (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you. No fee unless we win.

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The wrongful death attorneys with the Brown Law Offices, P.A. are pleased to announce their newest online publication, the Minnesota Wrongful Death Blog. Our trial team, lead by attorney Jason Brown, provide this weblog to post useful, easy-to-understand information on key issues such as:

• Beneficiaries;
• Child-Related Cases;
• Elderly-Related Cases;
• Evidence;
• Expert Witnesses;
• Fatal Accidents;
• Fees and Costs;
• Funeral Expenses;
• Jury Award Adjustment;
• Loss of Companionship;
• Medical Expenses;
• Minnesota Wrongful Death Law;
• Pain and Suffering;
• Punitive Damages;
• Statute of Limitations;
• Trustee Information;
• Trial Process;
• Unborn Child-Related Cases;
• Wage Loss; and
• Wrongful Death Lawsuits

Have you lost a loved one in an accident? Speak with a MN wrongful death lawyer with the Brown Law Offices, P.A. Our attorneys have years of experience and will fight to obtain the compensation you deserve. Contact us by calling (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you.

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