Minnesota Car Accidents Involving Wrongful Death Claims
In Minnesota, wrongful death occurs when a person is killed as the result of an act of negligence of another. Wrongful death claims in Minnesota are brought by someone known as a "trustee." The trustee is usually a family member with close ties to the decedent. They are appointed by the court to represent the interests of the decedent's heirs.
The decedent's surviving family members may be entitled to damages, including compensation for lost wages, loss of companionship, funeral and medical expenses. In some cases, punitive damages may be recovered if it is demonstrated that the negligent party acted with "reckless disregard" for the rights and safety of others. A drunk driver is a prime candidate to recover punitive damages from, although it is not likely that there will be insurance coverage in place for such an award.
Once the trustee receives the financial award granted in a particular case, the court must approve the proposed disbursement of the settlement. Most often, this presents little difficulty. However, if the heirs cannot agree, the cout will ultimately decide how to divide the proceeds.
Under Minnesota's statue of limitations, a wrongful death action premised on negligent conduct must be filed within three years of the date of the decedent's death. This differs from the six year statute of limitations in place regarding car accidents that result in injuries, but not death, of a driver or passenger of an automobile.
