Minnesota Wrongful Death Laws

A claim for losses resulting from the death of a family member caused by someone else's negligence. Wrongful Deah claims are brougt on behalf of the Next of Kin by a Court Appointed Trustee.

What is recoverable

In Minnesota damages and losses are limited to the pecuniary or money losses suffered by the next of kin. This generally means any financial contributions the deceased would have made -- such as monetary support.
Cases have expanded the law to allow recovery for the money value of contributions the deceased would have made in the way of comfort, assistance, advice, protection, companionship, or to society. Minnesota does not allow recovery for grief, sorrow, or pain and suffering in a wrongful death claim.

Who are the “next of kin”?

Grandparents
Spouse
Siblings
Children
Grandchildren

Who is not “next of kin”

Friends
Unmarried partners
Fiancé/Fiancée
Uncles/Aunts/Nieces/Nephews
Step-children
In-laws

Who is usually the "trustee"

Usually a family member - typically the spouse if the decedent was married. If the decedent is a child the trustee is typically a parent.
The trustee should not be anyone who could possibly be at fault or named as a defendant

What are the responsibilities of the trustee?

To make decisions on behalf of all the next of kin. Once the Court appoints a trustee, that persons decisions relating to the case will be binding on all the next of kin.
To communicate with the lawyers, and to participate in responding to discovery requests.
Attend hearings and mediations upon request.

How is the recovery divided up?

At the end of the claim, after the amount of the recover is decided by settlement or verdic, a petition is filed with the Court outlining a distrubution plan.
Usually the family comes to a decision that is mutually agreeable and the Judge follows the familiy's recommendation.
If the family cannot agree, a hearing is held and the Judge will decide how to divide the recovery.