Minnesota Wrongful Death Lawyers

Talk to a Minneapolis, St. Paul Minnesota Wrongful Death Personal Injury lawyer about your serious accident.

The wrongful death personal injury attorneys at Lord & Faris have the experience, dedication and determination to take on the wrong-doers. The lifetime legal experience of 130 years found in our Minneapolis Personal Injury Lawyers represents the courage and commitment you want in your attorneys. Call us immediately at 612-333-LORD.

At Lord & Faris, Minneapolis, St. Paul, Minnesota wrongful death personal injury lawyers, we handle injury and accident cases for severely injured clients in the areas of car accidents, truck accidents, semi-truck accidents, motorcycle accidents, wrongful death, medical device injuries, pharmaceutical drug injuries, sexual harassment, and dog bite injuries. More than 79,095 car accidents are reported in Minnesota each year, according to the Minnesota Office of Traffic Safety. In 2008 alone, almost 455 people were killed and more than 33,379 people were injured – and 9,887 of those suffered severe or moderate injuries. In addition to the tragic loss of life, car accidents cost Minnesotans an estimated $1.5 billion in 2008 alone.

By law, parties killed in an automobile accident or truck accident may be entitled to compensation for repairs or other property loss, medical costs, lost wages, pain and suffering, and any permanent or disfiguring injury or death depending on the individual circumstances.

3 Offices – Free Consultations:

Lord & Faris has 3 conveniently located offices in down towns St. Paul, Minneapolis and Excelsior. Free parking is provided. Lord & Faris have a very experienced staff of wrongful death personal injury lawyers and attorneys, paralegals and medical professionals who work as a team on every case in order to obtain the best settlement or jury verdict you deserve. Our experienced personal injury team knows that under Minnesota law, car or truck crashes can be debilitating and life changing. The at-fault driver can be held financially responsible for your losses, including medical expenses, lost wages, pain and suffering, permanent injuries and any permanent or disfiguring injury or death depending on the individual circumstances. The wrongful death personal injury attorneys at Lord & Faris will fight to win the fair compensation that you deserve.

Special Requirements

When a loved one has been killed by the negligence of another, the family may file a wrongful death lawsuit against the at fault person. It is more complicated case than a pure negligence case and it is one of the most difficult civil cases to process because of all the emotional issues of grief and shock that arise from the sudden loss of a loved one. Lord & Faris understands the profound issues of loss and recommends that all those who are affected may want to consider grief counseling to help adjust to this loss. Call Lord & Faris at 612-333-LORD and we can recommend various grief therapists in the Twin Cities area.

The wrongful death Minnesota Statute Sec. 573.02, (Action for Death by Wrongful Act) must be followed. The statute requires that the following basic elements for a claim be present:

1. A person dies.
2. The person’s death was caused by the wrongful act or omission (negligence) of any person or corporation.
3. A trustee must be appointed by the court to pursue the case. Recovery may include compensation for the economic loss to the surviving spouse and next of kin resulting from the death.
4. Once the claim is resolved, the court then determines the proportionate pecuniary loss of the next of kin entitled to the recovery and calculates the distribution of the recovery.

Wrongful Death Procedure:

Appointment of Trustee: A district court judge must appoint a trustee who represents all the next of kin and will sue out the case against the wrongdoer. The following steps must be followed:

1. All potential next of kin are identified and contacted and they usually agree on the person to serve as trustee. The Trustee should be a person the jury and the next of kin can trust to properly invest and distribute any recovery in a fair and impartial manner for all the next of kin.
2. Pursuant to Minnesota Rules of Civil Procedure 144, a petition must be prepared by the attorney seeking approval from the district court to have the agreed upon person appointed trustee.
3. All heirs should receive notice of the Petition and the hearing date. If there is no dispute as to the appointment of the trustee, the heirs will sign a Waiver of Notice for hearing and bond and there may be no need to have a hearing. The decision whether to have a hearing is within the discretion of the Court.
4. The Trustee must sign an oath to faithfully perform the duties of trustee and represent all of the next of kin.
5. The petition which is signed by the petitioning heir and the petitioning trustee, is forwarded to the court along with a proposed order appointing a trustee.

Lawsuit Brought By Trustee: The appointed Trustee representing all the next of kin, starts the lawsuit against the person at fault.

1. The Trustee must hire an attorney to represent her/him.
2. The attorney begins the case on behalf of the Trustee against the at fault party by serving a summons and complaint against the at fault person.
3. The Trustee represents the spouse and next of kin who have a claims for pecuniary loss by loss of blood relatives. This includes all the decedent’s children, parents, parent’s issue (sibling of the decedent), grandparents and descendants of grandparents. Parents may recover for the wrongful death of a child even if the child is emancipated and/or married. If the surviving spouse remarries during the case, it is not relevant to their recovery.
4. If the at fault person has died, the Trustee sues their estate.

Time Limitations:

The time within which to bring a claim for wrongful death is 3 years from the death and no longer than 6 years from the incident. However, if a possible dram shop claim exists, the time limit in which to bring a claim is two years for the date of the incident. A notice must be sent to the bar within 240 days of hiring the attorney.

1. If there is a settlement of the case, the Trustee will bring the settlement and the amounts to be paid to each next of kin to the Judge who must approve it. (MRCP 114). The court hearing the petition for disbursement shall approve, modify, or disapprove the proposed disposition and shall specify the persons to whom the proceeds are to be paid.
2. The petition for distribution will be heard upon notice, given in form and manner and upon such persons as may be determined by the court, unless waived by all next of kin or the court.
3. The court by order will direct distribution of the money to the persons entitled thereto by law pursuant to JIG 91.75