Who Can File a Wrongful Death Claim in Minnesota?
After a loved one passes away in an accident that was someone else’s fault, you may wonder who can file a wrongful death claim in Minnesota on behalf of the decedent. State law in Minnesota determines which people related to the decedent may file a wrongful death claim and receive any payout. During the lawsuit, a court-appointed trustee represents the surviving family members.
It can be a little confusing to understand how the process of filing a wrongful death claim in Minnesota works, which is why hiring Minnesota wrongful death attorneys can be helpful. Your attorneys can explain the process to you and can help you file the lawsuit.
Which Family Members Can Receive the Financial Award in a Wrongful Death Lawsuit?
The family members who can receive a wrongful death lawsuit payment are listed in Minnesota statute 573.02. The surviving spouse and next of kin receive any payment awarded. The complete list of people include:
- Spouse
- Parents
- Children
- Adopted children
- Siblings
- Grandparents
- Aunts and uncles
- Nieces and nephews
The court will determine the proportional loss that each surviving family member has, including the spouse, and make the appropriate distribution of the payout. Minnesota requires that all family members file a single wrongful death lawsuit together, rather than filing multiple claims separately.
How a Wrongful Death Claim Works in Minnesota
When you choose to bring a wrongful death claim after a fatal accident to your loved one, your case will follow a series of steps, including determining who is the representative for the family in the lawsuit.
- Hiring an attorney: Speak with a wrongful death lawyer in Minnesota about the validity of your claim and about the circumstances with your case. Most wrongful death law firms offer a free case review, where they can provide advice on how you should proceed. You can then decide whether to hire them. The attorneys you hire will file the wrongful death lawsuit with the court.
- Appointing a trustee: Upon filing a wrongful death lawsuit in Minnesota, the court will appoint a trustee to be the representative of the decedent in the case. This could be a spouse, child, another relative, or a family friend of the decedent or surviving family members. Typically, you and your attorneys will ask the court to appoint a particular person, rather than allowing the court to randomly select someone. The trustee doesn’t have to be someone who is eligible to win any financial award in the lawsuit, although it can be.
- Investigation: Your attorneys will perform an investigation of the facts of the fatal accident. For the benefit of the case, these facts should show that another party is at fault for the fatal accident because of negligent or reckless behavior.
- Negotiations: Your lawyer will begin negotiations with the insurance company representing the negligent party. If your attorney can reach a settlement without having to go to court, no trial is necessary.
- Trial: If the two sides cannot agree on an award amount in negotiations, the case can go to court. If your side wins the trial, the family members can receive a payment from the insurance company. Should you go to trial and lose, you could appeal the court’s decision.
If you choose not to hire wrongful death attorneys, you can try to represent yourself and your family on your own. However, wrongful death attorneys can help your family members by professionally performing all these steps, giving you time to grieve the loss of your loved one and to make plans for your lives going forward.
What Is Wrongful Death in Minnesota?
A wrongful death in Minnesota is an accident where the actions of one party or person caused the death of another person. If you can show that your loved one would have survived if the negligent party had taken a different set of actions, this is a key piece of evidence for trying to win a wrongful death lawsuit.
If your family member died after the accident, and if you and your attorneys can prove that the decedent was not at fault for the accident, the surviving family members may be eligible to file a wrongful death lawsuit. A fatal accident that is no one’s fault or where the decedent is entirely at fault for causing the accident would not be eligible for a wrongful death lawsuit.
What Money Damages Can Be Included in a Wrongful Death Lawsuit?
Your Minnesota wrongful death lawyers can seek financial awards in several different areas on behalf of the decedent. Some of these areas include:
- Medical expenses: Your family may seek payment for the medical bills your loved one accumulated before passing away. If someone else caused the accident and your loved one’s death, you and your family should not have to bear these medical costs without reimbursement.
- Burial expenses: Among the monetary damages that can be part of a wrongful death lawsuit are any qualifying funeral or burial expenses for your loved one.
- Lost income: You can seek payment for any wages the decedent could have contributed to the family’s income level over the remainder of the decedent’s life.
- Pain and suffering: Qualifying pain and suffering damages can be part of the wrongful death lawsuit for any hardships your loved one suffered before passing away.
- Loss of counsel: You can receive payment for any counsel, comfort, and guidance that the decedent would have provided to surviving family members.
- Punitive damages: Minnesota statute 549.20 allows for punitive damages against a particularly reckless and negligent party, depending on the accident’s circumstances.
Who Is Eligible to Bring a Wrongful Death Lawsuit? Tyroler Leonard Injury Law Can Help You Answer This Question.
If you are wondering who can file a wrongful death claim in Minnesota, reach out to Tyroler Leonard Injury Law. Our Minneapolis wrongful death lawyers are ready to help you. We can advise you on which family members are eligible to receive any financial award from the wrongful death claim. We can advise you on which person should be the representative who files the claim, too.
To learn more about who is eligible to bring a wrongful death lawsuit, reach out to Tyroler Leonard Injury Law today at (651) 259-1113 for a free case review.