Minnesota law allows the family members, called “next of kin”, of any person who dies as the result of the fault of another person or entity to recover “damages” in a lawsuit.
The term “next of kin” includes spouses (husbands and wives), parents, children, and siblings (brothers and sisters).
An unmarried boyfriend or girlfriend cannot be included even if engaged to be married or living together like a married couple.
Absolutely not. It makes no difference whether the decedent (the person who died) had a will because the right to recover damages is not affected by the existence of a will. Even if the decedent left everything to one person or certain people, the will doesn’t control a wrongful death claim. The persons who can make a claim are controlled by the law and not the will.
The amount of compensation required to compensate a family for a wrongful death claim in Minnesota is “that amount of money that will fairly and adequately compensate for the losses suffered as a result of the death” by the family members.
That includes the value of money (monetary) support, either in the form of wages and earnings or gifts that the decedent was accustomed to making to the next of kin.
It also includes non-money (non-monetary) support including the value of the loss of “the counsel, guidance, and aid” as well as the “advice, comfort, assistance, companionship, and protection” that the decedent would have provided to the family members. That includes the value of love and affection. It includes the value of emotional and physical support, teaching, nursing care, child care, etc.
Minnesota law allows for only one wrongful death case. Family members must bring a single claim which is brought by a Trustee (or Trustees) who are appointed by the Court.
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 the estate is the individual responsible for pursuing a claim.
Under Minnesota law, a wrongful death claim is pursued by opening a trusteeship with the court. Family members can suggest or petition the Court for the appointment of the Trustee. The Judge assigned to the case decides who will be the trustee or trustee if more than one.
All settlements must be approved by the judge. The division of the settlement among the family members must also be approved by the judge.
The Trustee appointed by the Court then selects a lawyer to represent the Trustee (and the entire family).
The Trustee and the lawyer then pursue a settlement and/or file a lawsuit against the at-fault parties.
If a settlement is reached without going to a jury trial, the settlement must be approved by the Judge in order to be valid and final. The Judge will then decide how to divide the settlement among the family members, i.e. the “next of kin”.
If the case is not settled, the jury will decide on the amount of the settlement. Usually, the jury will be asked to award separate amounts to the individual family members so there is no need for the Judge to decide on the division among family members.
The statute of limitations for wrongful death cases in the state of Minnesota is generally three years from the date of death in most cases.
However, there are some exceptions that depend on the type of case so that, 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.
Technically speaking, it is possible to settle a wrongful death. However, for all practical purposes, it is virtually impossible to navigate the process without a lawyer.
It is recommended that the opinion of the Minnesota lawyer should be obtained immediately after death, in the days and weeks following the death.
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. Collecting the evidence to prove the full value of any wrongful death case is a matter in which the training and experience of a trial lawyer with wrongful death experience is valuable.
Most experienced wrongful death lawyers are willing to work on a contingent fee which means that they get paid only as a percentage of the final settlement. Some will offer to advance the costs and expenses so that the family doesn’t have to go “out of pocket” during the procedure.
The Schmidt Salita Law Team announces the successful wrongful death settlement for $2 Million Dollars in the case of a minor, namely the case of “Minor Decedent vs. Defendant accident”. The settlement was reached under a confidentiality agreement. Accordingly, the details of the case cannot be released.
This settlement is believed to be one of the largest, if not the single largest, wrongful death settlement for a minor in the State of Minnesota.
TOP MINNEAPOLIS WRONGFUL DEATH LAWYERS-40 YEARS SUCCESS
Douglas E Schmidt is a senior trial lawyer at the Schmidt Salita Law Team. During his legal career, he has successfully handled nearly 100 wrongful death cases. Schmidt’s track record includes successful recoveries and wrongful death cases, including the following examples:
Double deaths of two West Point graduates who were killed in the aircraft crash of a Bell helicopter at Fort Rucker Army base in Dothan, Alabama;
Bloomington MN teenager killed in Lake Minnetonka boating collision.
These are just a few examples of the many wrongful death cases that the injury lawyers of the Schmidt Salita Law Team have successfully produced over the 70 years (collective) that they have been representing the families of the victims of wrongful death in Minnesota and other states.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Dean M. Salita, with more than 30 years of legal experience as a personal injury attorney.
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