Minnesota Wrongful Death Law
Minnesota Wrongful Death Law

Wrongful Death Law Summary

In Minnesota a wrongful death law is created by statute.  For the most part the injury claims a person has dies with them and does not survive their death.  This means that other than medical bills the injuries claims available after someone dies is limited to those which are a substantial factor in their death.  This means a claim exists when there is support for the injuries being the cause of the death which is called legal causation. Minnesota Statute 573.01, allows for the survival of wrongful death claims.

Wrongful Death Trustee for Next-of-Kin

A trustee must be appointed to represent the interests of the deceased persons next-of-kin. Pursuant to Minn. Stat. 144.01, Every application for the appointment of a trustee of a claim for death by wrongful act under Minnesota Statutes, section 573.02, shall be made by the verified petition of the surviving spouse or one of the next of kin of the decedent. The petition shall show the dates and places of the decedent’s birth and death; the decedent’s address at the time of death; the name, age and address of the decedent’s surviving spouse, children, parents, grandparents, and siblings; and the name, age, occupation and address of the proposed trustee.

Distribution of Proceeds

In the event there is a settlement or favorable verdict the proceeds are distributed with court approval.  Pursuant to Minn. Stat. 144.05, application for the distribution of money recovered under Minnesota Statutes, section 573.02, shall be by verified petition of the trustee. Such petition shall show the amount which has been received upon action or settlement; a detailed statement of disbursements paid or incurred, if any; the amount, if any, claimed for services of the trustee and of the trustee’s lawyer; the amount of the funeral expenses and of demands for the support of the decedent; the name, age and address of the surviving spouse and each next of kin required to be listed in the petition for appointment of trustee and all other next of kin who have notified the trustee in writing of a claim for pecuniary loss, and the share to which each is entitled.

Injuries Which Lead to Deaths

Common types of injuries that often lead to wrongful and untimely deaths of residents in nursing homes, assisted living and other elder care providers.

Our firm handles cases dealing with elder neglect and abuse injuries throughout state of Minnesota. Most forms of elder abuse and neglect are preventable with proper care and supervision. Here are some of the areas of elder abuse we have handled in the past.

Wrongful Death Attorney

If you have questions or concerns about possible abuse and neglect leading to the death of a resident of a nursing home, assisted living or other elder care facility contact Attorney Kenneth L. LaBore for a free consultation to discuss your legal rights.  Call 612-743-9048 or email at KLaBore@MNnursinghomeneglect.com.