Minnesota Wrongful Death Lawyer
This site provides information about Wrongful Death Actions and Litigation in Minnesota. Our law firm specializes in helping families with Wrongful Death Claims and Fatal Accident Lawsuits. We believe that those who have behaved carelessly, recklessly, and negligently, and have caused the death of another should be held accountable to the fullest extent of the law. Additionally, the families who have suffered should be treated fairly and compassionately.
We understand that you have suffered a tragic loss. This website is designed to serve as a resource for individuals and families and help them on their road to recovery. Dealing with the death of a loved one is something that cannot be described with words, and contacting a lawyer is often the last thing you want to do. Please keep in mind that it is important to contact an attorney as soon as you are ready because time can be of the essence when dealing with the case.
- Evidence can be destroyed or tampered with
- Witnesses need to be interviewed while their memory of the incident is fresh
- Statute of limitations (time limits) could arise which could prevent you from making a claim
- Insurance companies may attempt to stall, delay, or deny the claim
- Disputes between family members can make matters worse
- Bills and other costs continue to add up
What is a Wrongful Death Claim
When someone is killed by the carelessness or negligence of another, their family is entitled to make a Wrongful Death Claim. Actions for Wrongful Death are guided by Minnesota Statute Sec 573.02. A Wrongful Death Claim involves the following elements:
- If a person dies
- Because of the wrongful act or omission of any person or corporation
- The trustee appointed to pursue the action may recover the pecuniary loss to the surviving spouse and next of kin resulting from the death
- The court then determines the proportionate pecuniary loss of the persons entitled to the recovery and orders distribution accordingly
What Does Pecuniary Loss Mean?
Pecuniary loss means the reasonable value of the counsel, guidance, advice, assistance, and protection that the decedent (deceased) would have provided to the next of kin.
Commencing a Wrongful Death Claim
First, a Trustee must be appointed by the appropriate court. All potential heirs and next of kin have to be identified and contacted. Your family should then decide who you want to serve as the Trustee, and then petition the Court and get its approval. There will be hearing, and all heirs are entitled to be placed on notice. The Trustee must file a consent and oath before he or she commences with any of their duties. Before receiving any money or compensation, the Trustee has to file a bond as security. Once a Trustee is appointed, he or she will then retain a lawyer to pursue the case.
Wrongful Death Trustee
Who Can Be a Trustee? This is a difficult question that families often wrestle with. First, the Trustee must be suitable and competent. The Trustee should also be someone that a jury and the heirs can trust because they may likely be in charge of investing and distributing money that is recovered in a settlement or verdict. The Trustee should not be someone who may be a potential defendant in the case or someone who could be found negligent in causing the death.
Spouse and Next of Kin
For purposes of a Wrongful Death Act, the parties that have a financial interest in the recovery are the surviving spouse and next of kin (which would generally mean blood relatives who have suffered a pecuniary loss). Examples would be parents, brothers, sisters, children, even adopted children. In some instances, a claim for punitive damages may be awarded as well.
Statute of Limitations and Time Limits
How long do you have to make a claim? Generally speaking, Minnesota has a three year statute of limitations from the date of the death, as long as the action is commenced no longer than 6 years after the incident occurred (there are situations where someone is injured, and dies later on because of complications from the injury). Sometimes a shorter statute of limitation will apply (a medical malpractice case has a shorter statute of limitations in Minnesota).
We realize that our legal system cannot replace what you have lost. However, there are practical steps that can be taken in order to help family members that are left behind. Contact one of our experienced wrongful death lawyers for a free, no obligation consultation. Simply complete the free legal consultation form online or call the office nearest you.
Minneapolis – 612-767-2009
St. Paul – 651-789-0059
Southern Suburbs – 952-767-0121
Northern Suburbs – 763-231-0383
Outstate – Call Toll Free – 1-866-777-2557
If travelling is not convenient for you, we offer free in-home visits.
Vanderhyde & Associates
Northwestern Building
219 North Second Street, Suite 450
Minneapolis, Minnesota 55401
Phone 612-767-2009
Fax 612-370-4256
E-mail: blake@vanderhydelaw.com
This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2000).
STATE OF MINNESOTA
IN COURT OF APPEALS
C6-01-1099
C7-01-1130
Val Carlson, as Trustee for the
next of kin of Mark Carlson,
Respondent,
vs.
State of Minnesota,
Department of Natural Resources,
Appellant,
City of Detroit Lakes,
Appellant (C6-01-1099),
Defendant (C7-01-1130).
Filed January 15, 2002
Reversed
Klaphake, Judge
Becker County District Court
File No. C500000696
Amy J. Doll, [...]
This is a case about a wrongful death lawsuit for negligent supervision and instruction during a scuba diving class.
This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2002).
STATE OF MINNESOTA
IN COURT OF APPEALS
A03-127
Allan J. Dailey,
as trustee for the heirs and next of kin of
Kamyab Aghai Tabriz,
Appellant,
vs.
Sports [...]
This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2002).
STATE OF MINNESOTA
IN COURT OF APPEALS
A03-732
A03-979
Annie Wallert Schomberg,
Trustee for the Next of Kin of JaJa Roy Hatfield, et al.,
Appellants (A03-732),
Plaintiffs (A03-979),
vs.
Ferrellgas, Inc.,
Respondent,
Susan Style,
Special Administrator of the Estate of Kathleen Ann Hatfield,
Defendant (A03-732),
Appellant (A03-979).
Filed January 20, 2004
Affirmed
Kalitowski, Judge
Martin [...]
This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2002).
STATE OF MINNESOTA
IN COURT OF APPEALS
A03-1609, A03-1835
Great West Casualty Company,
Appellant (A03-1609),
Respondent (A03-1835),
vs.
Carolina Casualty Insurance Company,
Respondent (A03-1609),
Appellant (A03-1835),
Select Transportation, Inc., d/b/a M&M Trucking,
Respondent,
Shawn Everhardt,
Respondent,
Carrielee Perez,
trustee and next of kin of Kevin Vance,
Respondent,
Mad Dog Trucking, Inc.,
Respondent,
Northland Insurance Company,
Respondent.
Filed May [...]
This is a case about two county child protection workers and the investigation of child abuse.
STATE OF MINNESOTA
IN SUPREME COURT
A03-797
Court of Appeals
Blatz, C.J.
Matthew Radke, as trustee for the next of kin of
Makaio Lynn Radke,
Appellant,
v.
Filed: April 21, 2005
Office of Appellate Courts
County of Freeborn, et al.,
Respondents.
S Y L L A B U S
A cause [...]
