The death of a loved one is an emotional and distressing time, that’s often filled with uncertainty. Family members may be entitled to compensation for losses, which includes the value of counsel, guidance, advice, assistance and protection, which would have been provided by the deceased family member to the surviving family members. A wrongful death, or accidental death is any death caused by the wrongful act or omission of any person or corporation.
One of the first steps to begin this process is to obtain a court appointed Trustee. By written petition of the surviving spouse or on the next of kin, the court will appoint a suitable and competent person to be named the Trustee in the action. Minn. Stat. § 573.02. Our office will guide the Trustee through this process and work hard to obtain all the damages your family deserves.
The damages awarded are determined by a jury and based on what they deem as fair and just in reference to the pecuniary loss resulting from the death. These damages are for the sole benefit of the surviving spouse and next of kin. The court will then determine the proportion of financial loss of all the family members entitled to recovery. Retaining legal counsel immediately will help alleviate the stress and uncertainty for family members and begin the process of pursuing the claim against the at-fault party within the time limits prescribed by law.