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Free Case Analysis

Personal Injury

Who can file a wrongful death suit in Minnesota?

The claims for wrongful death can only be brought by the trustee appointed by the court. The appointment of a trustee is governed by Minnesota General Rules of Practice §144.01. The rule sets out the priority of family members given their relationship to the victim. The familial relationship, the trustees can be the surviving spouse, children, parents, grandparents, or siblings of the deceased who should consult with personal injury lawyers in Minneapolis immediately. The eligibility of the trustee is based on the hierarchical relationship with the deceased. For example, the siblings of the dead will not be appointed as the trustee by the court if there are still surviving children.

What are the types of recoverable damages?

Damages for this type of case are intended to compensate the survivors of the deceased or the person who has been injured. These damages include the following:

  • Direct costs of the family of the injured or deceased person, which could consist of the medical and funeral expenses.
  • The survivors can also recover damages based on the economic benefit that they would have received if the injured or deceased person had continually lived or worked. These could include their future earnings and retirement benefits.
  • The surviving kin can also recover for damages to compensate for the guidance, advice, and companionship that they lost due to the death of their loved one.

How much can the survivors or injured individuals get as recoverable damages?
The amount is determined based on the losses of the claimants. This amount is determined by a jury.
To arrive at a fair amount, the jury is asked to consider the following:

  • The life expectancy of the deceased at the time he or she died.
  • The health, age, habits, success, and talent of the deceased.
  • The occupation of the deceased, and
  • The current and future earning capacity of the deceased.

To who is the awarded compensation distributed to?

The award will be divided among the next of kin and will be based on their respective losses. The amount of the recovered costs will be divided proportionally, however, the family often decides how the recovered amount will be divided among themselves, and the court often accepts this agreement.

The deadlines for filing a wrongful death suit

You should immediately call a wrongful death and personal injury lawyer Minneapolis if you feel your loved one’s death was caused by another’s negligence. The statute of limitations for the claims for personal injury or wrongful death is three years. Be aware that the time to bring a lawsuit may be as short as 1 year in some circumstances and action may need to be taken with just a few months to preserve a claim. For example, you only have 180 days to notify a local, municipal, or state government that you intend to bring a claim against it for negligence or wrongful death.If you are bringing a claim against a government entity you must provide a written notice that includes the time, date, and location of the accident, the names of the employees involved and the amount of the compensation you seek.

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