Minnesota Wrongful Death Blog

Wrongful Death of an Unborn Child: Cause of Action Permitted for Viable Fetus Under Minnesota Law

Jason C. Brown — Mon, 08 Feb 2010 19:14:46 -0600

When it comes to the wrongful death of an unborn child, laws vary from state to state. The wrongful death of an unborn child can include one of the following two situations:

The death of the fetus as well as the mother; and
The death of the fetus because of the negligence or wrongful act of another, yet mother survives.

The majority of states permit a cause of action in the case of a wrongful death of a fetus. However, many of these states also specify that the fetus should reach a particular developmental stage for a claim to be filed. While some states draw the line at birth, others specify that the fetus should be "viable." There are some states which draw the line at the stage of the pregnancy when the fetus becomes "quick" and the mother is able to feel the movement of the fetus within her.

The appellate courts have noted the following in favor of the fetal wrongful death claims:

Irrespective of the fact that the child was yet to born, the negligence and wrongful act of the defendant should not be ignored;
Death of a fetus is similar to the death of the baby who lived for only a few days; and
The term "child" or "person" used in the statute of limitations of the wrongful death act can also be applicable on a viable fetus.

According to the statute of limitations of the Minnesota Wrongful Death Act, a claim for the wrongful death of a fetus, or unborn child, may be pursued, provided the fetus was viable at the time of the injury or accident. The term "fetus" is used to refer to the developmental stage of the unborn child in which it is capable of sustaining life outside the womb with or without life support technologies. Since the fetal viability is possible only after 24 weeks, a wrongful death claim for an unborn child in Minnesota is possible only if the fetus is in its third trimester.

Questions about a wrongful death case involving an unborn child? Speak with a MN wrongful death attorney with the Brown Law Offices, P.A. Our attorneys have years of experience and will fight to obtain the justice you deserve. Contact us by calling (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you. There is no fee unless we win.

Minnesota Wrongful Death Attorney Summarizes Damages Recoverable for Loss of Companionship in a Wrongful Death Case

Jason C. Brown — Mon, 18 Jan 2010 20:57:02 -0600

Loss of companionship usually refers to loss of care, guidance and affection caused due to the wrongful death of a family member. The death of loved one can be extremely crushing for anyone. The grief becomes almost unbearable when the death is caused due to someone else’s negligence or wrongful act. Though it is not possible to weigh the value of the person in terms of money and compensation, it is recommended that you seek the services of a wrongful death attorney. We can help you recover the compensation you need and deserve.

In majority of the wrongful death cases, the jury award or settlement depends on several factors such as family’s financial condition, victim’s income, life expectancy, the suffering, agony, and medical costs borne by the family during and after the death of the victim. Intangibles such as loss of parenting, comradeship and emotional distress are also considered while evaluating the damages under Minnesota law. The amount of damages depends primarily on the claimant’s relationship to the deceased.

Under Minnesota law, certain classes of people are entitled to claim damages for loss of consortium or companionship as a result of an injury to another. Loss of consortium claims are known as “derivative damages” because they are derived from someone else's injury or death. Litigants entitled to recover such damages in Minnesota include a spouse, children and parents of the person who dies prematurely.

Do you have questions about your ability to recover damages for loss of companionship? Speak with a MN wrongful death lawyer with the Brown Law Offices, P.A. Our attorneys have years of experience and will answer all of your questions about the process. Contact us by calling (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you. No fee unless we win.

Wrongful Death of a Child: Minnesota Law Provides Parents an Opportunity to Receive Compensation for Their Loss

Jason C. Brown — Sun, 29 Nov 2009 16:44:17 -0600

The death of a loved one is an absolute loss, irrespective of the age of the decedent. No amount of money will ever make the surviving familiy members whole. Because the legal system often assesses a loss in terms of monetary damages, it takes the age of the decedent into consideration evaluating the value of a wrongful death case.

In the instance of a wrongful death of a child, it can be difficult to seek a financial recovery, as a minor child typically does not contribute any financial income to the family. However, a minor child contributes to well-being and happiness in several other ways. For that reason, and others, parents can claim compensation for the loss of child’s solidarity and affection under Minnesota law.

The law takes a slightly different approach in the case of the wrongful death of an adult child. In such a situation, the parents can recover damages only if the adult child was contributing financially to the parent’s household income or was in some way providing his /her services to them.

Usually the child’s mother or father are eligible to claim a compensation for the wrongful death of a child. Individuals who acted as parents of the child, but were not legally recognized as the child’s parents, cannot recover for the child’s death. Some sort of legal relationship must exist.

The law associated with the wrongful death of an unborn child differ from state to state. While in majority of the states, the claim for a wrongful death of an unborn child depends on whether the fetus was viable or not, there are some states which allow or disallow recovery of damages irrespective of viability. Minnesota law allows the parents of an unborn child to recover damages for wrongful death.

Have you lost a child because of someone's negligence? Speak with a MN wrongful death attorney with the Brown Law Offices, P.A. Our lawyers have many years of experience and will fight to obtain justice for you and your family. You may call (612) 789-2100 or use our online consultation form. Our attorneys free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you. We never charge a fee unless we obtain an award on your behalf.

Summary of Minnesota's Wrongful Death Statute of Limitations

Jason C. Brown — Thu, 08 Oct 2009 19:41:56 -0600

Wrongful death lawsuits are subject to timelines known as the "statute of limitations." These statutes cap the amount of time an individual has to file a wrongful death lawsuit. Each state has a different statute of limitations.

In Minnesota, a wrongful death case based on the negligence of another must be filed within three years of the date of death, but in no event can the lawsuit be filed more than six years from the date that the act giving rise to the death occurred.

In situations where the lawsuit is based upon medical malpractice, the action must be filed within three years of the date of death, but in no event can the action be filed more than four years from the date that the act that giving rise to the injury occurred.

Do you have a question about the timeliness of your wrongful death claim? Speak with a MN wrongful death attorney with the Brown Law Offices, P.A. Our lawyers have many years of experience and will fight to obtain justice for you and your family. Please call (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you. We don't charge a fee unless we obtain a settlement on your behalf.

Minnesota Wrongful Death Lawyer Offers Q&A for Wrongful Death Lawsuit Trustees

Jason C. Brown — Thu, 24 Sep 2009 21:20:32 -0600

A wrongful death lawsuit is typically initiated by the immediate family of an individual who dies because of the negligence or wrongful conduct of another person. Section 573.02 of the Minnesota statutes provides that if an individual dies because of the omission, negligence or wrongful act of another person or corporation, then the immediate family (surviving spouse and next of kin) have legal right to seek compensatory and pecuniary damages.

What is the role of the trustee?

One of the family members of the decedent is appointed as a trustee by the court, who represents the legal cause of the entire family in a Minnesota wrongful death case. On the basis of the proportionate compensatory and pecuniary loss decided by the court, the trustee distributes the compensation to all the family members.

Who can be a trustee?

Any immediate family member of the victim of the wrongful death who is worthy of being trusted by the beneficiaries, and the jury, and who is capable of fulfilling the duty of investing, and distributing, the compensation recovered in the settlement, can be appointed as a trustee. To be more precise, an immediate family member who is competent and able, and who does not have any probability of being a possible defendant can be appointed as a trustee.

How is a trustee appointed?

A trustee is appointed by the court and the process of appointing a trustee include the following steps:

All the beneficiaries and next of kin are identified and contacted;
All the beneficiaries determine one individual whom they want to serve as the trustee;
A petition is filed by them for the appointment of the selected individual as the trustee;
A hearing is scheduled and all the beneficiaries have the right to be placed on notice;
Once the court gives its approval for the appointment, the trustee must agree to the appointment and should take an oath to protect the rights and interests of other beneficiaries;
The trustee signs a bond as security; and
The trustee retains a lawyer to pursue the wrongful death lawsuit.

Who is eligible to recover damages?

According to the Minnesota Wrongful Death Act, immediate family members such as the surviving wife, children and parents are eligible recover damages. In some states, even distant relatives are allowed to seek compensation.

When can a claim be filed?

Minnesota's statute of limitations indicates that beneficiaries must initiate a claim within three years of the wrongful death of the victim. Medical malpractice incidents have a shorter statute of limitation.

Have you been asked to serve as a trustee in a wrongful death lawsuit in Minnesota? Speak with a MN wrongful death lawyer with the Brown Law Offices, P.A. Our attorneys have years of experience and will answer all of your questions about the process. Contact us by calling (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you. No fee unless we win.

The Need For Funeral Expenses Following The Wrongful Death Of A Friend Or Family Member

Jason C. Brown — Thu, 27 Aug 2009 19:10:39 -0600

Funeral expenses are often the first set of challenges posed by the wrongful death of a family member. In many cases, the family of the decedent is not financially prepared to bear the expenses associated with the funeral. If you have suffered the wrongful death of a family member and if you feel that the funeral expenses are a burden on the finances of your family, then you should contact a Minnesota wrongful death attorney. We can help make sure you obtain the compensation you deserve.

The cost of traditional funerals can cost up to $10,000. In fact, the expenses associated with the funeral can reach up to $6000 even when you exclude expenses such as flowers and obituary notices. Common funeral expenses include:

Fee of the funeral director and staff;
Expenses incurred on various services and merchandise; and
Cash advances

Funeral arrangements often cause a lot of stress and emotional grief for the family of the deceased. You should know about the "funeral rule" in dealing with a funeral provider. The funeral rule provides that:

The family of the deceased has the right to choose the funeral services and merchandise (it is mandatory that the funeral provider mention this in writing, with a price list);
Necessary items should be disclosed on the price list in accordance with the specific laws of the state;
The funeral provider cannot question your right to purchase the funeral casket from wherever you wish, nor can he bill you for handling a casket bought elsewhere; and
If the determined funeral provider offers cremation services, he must have alternative containers available.

Questions about your rights in a wrongful death lawsuit? Speak with a MN wrongful death attorney with the Brown Law Offices, P.A. Our lawyers have many years of experience and will fight to obtain justice on your behalf. Contact us by calling (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you. We never charge a fee unless we obtain compensation for you and your family.

Minnesota Wrongful Death Law: Minneapolis Wrongful Death Lawyer Primer

Jason C. Brown — Thu, 27 Aug 2009 18:39:47 -0600

Wrongful death claims in the state of Minnesota are governed by Minnesota statute. The statute provides that the trustee appointed by the court should act on behalf of the family members of the deceased to bring a wrongful death claim.

The statute states that when death is caused by the wrongful act or omission of any person or corporation, the trustee appointed by the court may maintain an action if the decedent themselves may have maintained an action, had the decedent lived, for an injury caused by the wrongful act or failure to act.

In obtaining justice and deserved compensation for the claimants, a wrongful death lawyer must prove by a preponderance of the evidence that:

The death of the individual was caused due to the negligence or the wrongful act of a corporation or individual; and
The avertable expenses, financial losses or damages were caused because of the wrongful death of the individual.

According to Minnesota wrongful death statute, the attorney is the representative of the trustee, who in actuality stands for the interests of the immediate family of the deceased. The trustee appointed by the court is usually an immediate family member of the deceased, and is required to represent the family in the wrongful death lawsuit. Once the claimants obtain compensation, it is the duty of the trustee to divide the proceeds among the immediate family members of the deceased. The court will approve the distribution.

Minnesota law allows the heirs of the victim to make a claim for the loss of income, as well as for pecuniary losses. In Minnesota, the survivors cannot recover damages such as grief, pain and distress experienced before and during the death of the victim. The Minnesota wrongful death statute provides that the beneficiaries may be compensated for the following:

Loss of guidance;
Loss of affection and care;
Loss of companionship and society;
Loss of comfort;
Loss of potential services and earnings;
Medical and funeral expenses; and
Punitive damages can be recovered if there is a clear indication of a criminal conduct or reckless disregard for the health, safety and welfare of others.

A wrongful death claim must be filed within three years of the death of the victim.

Need help pursuing a wrongful death lawsuit in Minnesota? Speak with a Minneapolis wrongful death lawyer with the Brown Law Offices, P.A. Our attorneys have years of experience and will fight to obtain the compensation you deserve. Contact us by calling (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you. No fee unless we win.

Minneapolis Wrongful Death Attorneys Outline The Types Of Accidents That Can Result In Wrongful Death Litigation

Jason C. Brown — Thu, 27 Aug 2009 18:17:27 -0600

No amount of compensation can replace the love and support of a family member who has suffered a premature death. The sudden death of family member in a tragic accident can be overwhelming for the entire family. In difficult times, you need the support and guidance of a competent, compassionate lawyer who can stand up for your rights and interests.

Our attorneys are capable of handling of all the aspects associated with your wrongful death claim and will ensuring that the party responsible for your loss are held accountable. Our lawyers handle wrongful death cases in state and federal court, involving:

Car Accidents;
Truck Accidents;
Motorcycle Accidents;
Premises Liability;
Workplace Accidents;
Dangerous Products;
Farm Accidents;
Power Line Accidents;
Electrocution;
Drunk Driving Accidents; and
Recreational Vehicles, such as ATVs, Boats or Snowmobiles

Have you lost a family member because of someone else's negligent conduct? Speak with a Minneapolis wrongful death attorney with the Brown Law Offices, P.A. Our attorneys have years of experience and will fight to obtain the justice and compensation you deserve. Contact us by calling (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you. We never charge a fee unless we win.

Minnesota Wrongful Death Attorney Summarizes Wrongful Death Lawsuits

Jason C. Brown — Thu, 27 Aug 2009 17:55:13 -0600

The term "wrongful death" usually refers to premature death resulting from the negligence, carelessness or some other wrongful act of an individual or business. While it is understandable that the grief of losing a loved one is overwhelming, it is in your family's interest to file a wrongful death claim at the earliest possible time so that valuable evidence can be gathered.

A wrongful death lawsuit primarily includes the following steps:

(1) Determination of the negligence on part of the defendant(s) in relation to the fault of the the deceased, if any;

(2) Assignment of a proportion of the liability of the death to the defendant(s); and

(3) Calculation of the monetary value of the loss of the beneficiaries. The percentage assigned to the defendant(s) is then multiplied by the value of the compensation owed to the surviving family members.

The rationale behind the wrongful death compensation is clear. Monetary settlements provide the best possible mechanism for accident control methods and overall social welfare. Compensation is often aimed to:

Substitute the financial support lost due to the wrongful death of the victim;
Provide financial support to cover the household support and care, services, companionship, parental guidance and moral support, which would have been provided by the victim of the wrongful death, had he been alive;
Provide financial compensation for the pain and suffering associated with the wrongful death of a beloved;
Provide compensation for the loss of income to the household;
Provide compensation to negate all the drastic effects of the wrongful death of the victim on the family and household.

While it is a fact that no amount of money can match the love and guidance provided by a loved one, a wrongful death lawsuit can help you secure the future of your family.

Questions about a wrongful death case? Speak with a MN wrongful death attorney with the Brown Law Offices, P.A. Our attorneys have years of experience and will fight to obtain the justice you deserve. Contact us by calling (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you. There is no fee unless we win.

Minnesota Wrongful Death Lawyers Unveil New Wrongful Death Blog

Jason C. Brown — Tue, 25 Aug 2009 22:35:12 -0600

The wrongful death attorneys with the Brown Law Offices, P.A. are pleased to announce their newest online publication, the Minnesota Wrongful Death Blog. Our trial team, lead by attorney Jason Brown, provide this weblog to post useful, easy-to-understand information on key issues such as:

Beneficiaries;
Child-Related Cases;
Elderly-Related Cases;
Evidence;
Expert Witnesses;
Fatal Accidents;
Fees and Costs;
Funeral Expenses;
Jury Award Adjustment;
Loss of Companionship;
Medical Expenses;
Minnesota Wrongful Death Law;
Pain and Suffering;
Punitive Damages;
Statute of Limitations;
Trustee Information;
Trial Process;
Unborn Child-Related Cases;
Wage Loss; and
Wrongful Death Lawsuits

Have you lost a loved one in an accident? Speak with a MN wrongful death lawyer with the Brown Law Offices, P.A. Our attorneys have years of experience and will fight to obtain the compensation you deserve. Contact us by calling (612) 789-2100 or use our online consultation form. We offer free consultations at any of our six Twin Cities metro offices or any other location that is convenient for you.