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Wrongful Death Claims

A wrongful death claim is a claim to recover compensation for the losses suffered as a result of a wrongful death of a relative caused by the negligence or fault of another person. When a person is killed as the result of the fault of another person, Minnesota law allows the family of the victim to collect damages from the at-fault party.

Under Minnesota law, the relatives of the person killed can petition the court to appoint a Trustee who is then authorized to pursue the claim on behalf of the all of the family members of the decedent. The family members must pursue the claim through the Trustee and are not allowed to bring separate claims.

To recover compensation, it must be shown that some person or company was responsible or at fault for causing the death. In most cases, the fault of the party against whom the claim is being brought must be at least equal to or greater than the fault of the deceased, in order for the family to receive a settlement.

If a settlement is made by the Trustee, that settlement must be approved by a Judge. The Judge will then hear evidence as to how the settlement should be divided among the family members.

If the case goes to trial, a jury then decides how much the individual family members should receive. Because the jury makes that decision at the trial, it is not necessary for the Judge to do so.

Wrongful Death claims can be the result of a motor vehicle collision, a recreational vehicle collision, a product liability claim, medical malpractice, a construction-site injury, a farm accident, or any other type of claim which could be the basis of a personal injury claim if the victim had survived.

If you have a potential wrongful death claim for your loved one, call the Schmidt Law Firm at 1-800-656-8450 for a free first visit and a free case evaluation. Our firm has successfully handled many wrongful death cases. We handle wrongful death cases on a contingent fee, which means that you don't have to pay the lawyer unless and until you get a settlement.

If you have a wrongful death claim, call the Schmidt Law Firm at 1-800-656-8450 for a free first visit and a free case evaluation. Our firm has successfully handled many wrongful death cases. We handle wrongful death cases on a contingent fee, which means that you don't have to pay the lawyer unless and until you get a settlement.

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Douglas E. Schmidt
Personal Injury Attorney

Click here to describe your injury or event

13911 Ridgedale Drive, Ste 110
Minnetonka, MN 55305

Phone (952) 473-4530
Toll Free 1-800-656-8450
Fax (952) 544-1308

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