FACTS ABOUT MINNESOTA WRONGFUL DEATH CLAIMS
MINNESOTA WRONGFUL DEATH INJURY LAWYERS-FACTS ABOUT WRONGFUL DEATH CLAIMS IN MINNESOTA.
Minnesota law allows the family members of a person killed as a result of the fault of another person to recover in what is termed a Minnesota wrongful death claim. The Minnesota wrongful death injury. It lawyers at the Schmidt Salita law firm provide the following information with regard to wrongful death claims in Minnesota.
Who is entitled to recover in a Minnesota wrongful death claim?
Minnesota allows certain family members of the wrongful death victim to bring a wrongful death claim to receive fair compensation for the loss of their family member. Pursuant to Minnesota law. It is the “next of kin” that are entitled to recover. Each case is different. A judge will decide which of the family relatives of the decedent will be entitled to recover wrongful death benefits. In almost all cases, the decedent’s spouse and children are entitled to wrongful death benefits.
How is a Minnesota Wrongful Death Claim pursued?
Minnesota is different from most other states that have a procedure whereby the estate of the decedent brings a wrongful death claim. In those states, the personal representative of this, the estate is the individual responsible for pursuing a claim.
In Minnesota, a wrongful death claim is pursued by opening a trusteeship with the court. The judge assigned to the case decides who will be the trustee or trustees, if more than one.
Individual family members are not allowed to bring separate claims under Minnesota law. Their only right of recovery is through the trusteeship.
All settlements must be approved by the judge. The division of the settlement among the family members must also be approved by the judge.
What is the statute of limitations for Minnesota wrongful death claims?
The statute of limitations for wrongful death case in the state of Minnesota is three years from the date of death in most cases. However, in each case, the opinion of a Minnesota lawyer should be obtained as soon as possible after the death to determine whether there is a shorter period for each individual case. It is recommended that the opinion of the Minnesota lawyer should be obtained immediately after death, in the days and weeks following the death.
How is the value of the case determined in Minnesota?
The measure of damages that can be recovered in any Minnesota wrongful death case is established by statute. The value of any Minnesota wrongful death case is determined by what is anticipated that a jury would award of the case went to trial. A jury is instructed by the judge, in any Minnesota wrongful death case, that the jurors are to consider what amount of money will fairly and adequately compensate the survivors of the decedent for the losses that they have suffered as the result of the death. Obviously, the dependents of the decedent, including the spouse and children, will suffer the loss of the earning capacity of the Decedent.
The law also allows the jurors to consider the loss of “the advice, comfort, assistance, companionship and protection” that the Decedent would have provided if he or she had lived to normal life expectancy.
The services of an experienced Minnesota Wrongful Death Lawyer are valuable.
The services of an experienced Minnesota wrongful death lawyer are very valuable in accumulating the evidence that is necessary to prove the fault of the “at fault” party. They are also very valuable in accumulating the evidence that is necessary to establish the maximum value of the wrongful death claim. The Minnesota wrongful death lawyers at the Schmidt Salita Law Team have that experience.
The Schmidt Salita Law Team is a 5 star, AV rated personal injury law firm which serves the entire state of Minnesota, including Minneapolis and St. Paul, as well as Minnetonka, Maple Grove, Plymouth, Osseo, Anoka, Coon Rapids, Brooklyn Center, Fridley, Blaine, Shoreview, Woodbury, Falcon Heights, Columbia Park, Stillwater, Hastings, Inver Grove, Cottage Grove, South St. Paul, Apple Valley, Eagan, Burnsville, Savage, Shakopee, Richfield, Bloomington, Chaska, Chanhassen, Edina, Eden Prairie, and Hopkins.