Under Subdivision 1 of Minnesota Statute § 573.02, a person appointed as trustee for action by a court can maintain an action for injuries or death caused by the wrongful act or omission of another party on behalf of the deceased. This is commonly referred to as a “wrongful death” lawsuit.
Subdivision 3 of Minnesota Statute § 573.02 states that the surviving spouse or one of the next of kin are the parties that must submit the written petition to appoint a trustee for a wrongful death case. In certain cases, the parents, grandparents, or siblings of the deceased may be appointed as trustees.
Time Limits for Wrongful Death Claims in Minnesota
People who have recently lost loved ones are often far too overwhelmed with grief to consider the statute of limitations that applies to their wrongful death cases. It remains important for families to seek legal representation as soon as possible in order to ensure that important deadlines for filing claims do not expire.
In most wrongful death cases, Minnesota state law allows victims only three years to commence legal action. One important exception relates to cases in which a person is killed as the result of an actual murder, in which case there is no statute of limitation on legal actions.
JD Haas & Associates understands that families do not want to spend time in courtrooms and handles all filings on behalf of these clients so they can take all the time they need to deal with their loss. Our firm will conduct the necessary investigation and work to hold the negligent party fully accountable.
Damages in Minnesota Wrongful Death Cases
People may be killed as the result of any one of a number of different types of accidents in Minnesota, including car crashes, workplace accidents, or medical malpractice. Wrongful death lawsuits can seek various kinds of damages for victims. In most cases, awards involve special damages for economic losses and general damages for non-economic harm.
Special damages are typically much easier to calculate and involve such tangible losses as medical expenses and lost income. General damages are much more subjective and include awards for loss of consortium or emotional distress.
In some limited cases, victims may also be awarded punitive damages (referred to in some other jurisdictions as “exemplary damages”). Punitive damages are only awarded in cases involving “deliberate disregard for the rights or safety of others,” and they are specifically intended to punish a wrongdoer for especially egregious conduct while hopefully discouraging others from engaging in similar conduct
Find a Wrongful Death Lawyer in Bloomington, MN
If your loved one was killed by the negligence or deliberate actions of another party, you will want to retain legal counsel as soon as possible. JD Haas & Associates assists clients all over Minnesota with wrongful death actions.
Our firm will fight to get you and your family the compensation you need and deserve. We offer a free consultation to have our personal injury attorneys provide a complete evaluation of your case. You can take advantage of yours as soon as you call (952) 345-1025 or contact us online today.