Minnesota Wrongful Death Lawyer Offers Q&A for Wrongful Death Lawsuit Trustees
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.
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:
