If you lose a loved one in a fatal accident in Minnesota and believe that someone else is responsible due to a negligent or wrongful act, you might have grounds to file a wrongful death claim. This type of lawsuit could provide you with the justice and financial compensation you deserve for this heartbreaking loss.
Find out who is permitted by law to file a wrongful death claim in Minnesota to determine how to proceed with your case. For personalized legal advice and information, contact our experienced team of Minneapolis wrongful death attorneys at Goldenberg Lauricella, PLLC, for a free consultation.
What Is a Wrongful Death Claim?
Under Minnesota Statutes § 573.02, when a death is caused by the “wrongful act or omission of any person or corporation,” a wrongful death claim may be filed if the deceased person (decedent) could have maintained an action for the injury had he or she survived.
In other words, if an individual would have had the right to file a personal injury claim in Minneapolis for the negligent, careless, reckless or wrongful actions taken by someone else, a representative may file a wrongful death claim on the decedent’s behalf if the injury proves fatal.
Unlike a criminal case that requires proof beyond a reasonable doubt, a wrongful death civil suit only requires the claim to be proven “by a preponderance of the evidence,” meaning the claim is more likely to be true than not.
Who Can File a Wrongful Death Claim in Minnesota?
Who Has the Right to File a Wrongful Death Claim in Minnesota?
Minnesota is relatively unique in its laws regarding who has the legal right to file a wrongful death case. While most states either allow surviving family members or the personal representative of the decedent’s estate to file, Minnesota requires a trustee to be appointed for this task.
The deceased person’s next of kin must petition the courts in Minnesota to appoint someone as the trustee. The trustee will then file the lawsuit and supervise the distribution of any settlement or judgment award obtained.
The trustee could be a surviving family member of the decedent or a neutral third party, such as a wrongful death attorney. The trustee is appointed by filing a petition in the district court where the decedent lived or where the fatal accident took place.
A brief hearing may be held while the courts make the decision to approve or reject the submitted trustee. If approved, the court-appointed trustee may then proceed to file a wrongful death claim on behalf of all eligible beneficiaries.
Who Receives a Wrongful Death Settlement or Verdict?
The trustee may or may not be someone who is eligible to recover financial compensation in the lawsuit. Typically, eligible parties are the decedent’s next of kin, such as a surviving spouse, adult child, parent or sibling. The courts will decide how a settlement or judgment award is allocated or distributed among multiple beneficiaries or heirs based on their relationship to and dependency upon the decedent.
How to File a Wrongful Death Claim in Minnesota
If you wish to file a wrongful death claim to hold one or more parties accountable for the preventable loss of your loved one’s life in Minnesota, start by consulting with a wrongful death attorney at Goldenberg Lauricella, PLLC.
Our attorneys will review your case for free to let you know if you have the required legal elements to proceed. If so, your lawyer can help you appoint a trustee or act as the trustee for your family. Your lawyer will help you fight for a fair case outcome while you focus on what matters most.