Who can file an accident wrongful death lawsuit in Minnesota?
In Minnesota, a trustee appointed by the court has to file a wrongful death lawsuit, which is a lawsuit against a person or corporation for a wrongful act or omission that leads to someone’s death. The trustee is appointed to the court upon written petition by the surviving spouse or one of the next of kin. Family members who may seek the appointment of a wrongful death trustee include the following:
- surviving husband or wife
- children
- parents
- grandparents
- siblings
- nieces
- nephews
- aunts
- uncles
- cousins
The trustee acts on behalf of the family, and any money won in a settlement or by verdict is “for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death.”
The wrongful death trustee is not the family’s attorney. If the family wants legal representation, they have to hire a Minnesota wrongful death attorney, who will gather and analyze evidence, negotiate for a settlement and prepare for trial.
Contact our attorneys for a free consultation. There is a time limitation for filing accident wrongful death lawsuits called the “statute of limitations,” so time is of the essence.
Our accident wrongful death lawyers represent families throughout Minnesota, including Twin Cities, Minneapolis, St. Paul, Rochester, Duluth, Moorhead, Mankato, Brainerd, Bloomington, Eagan, Eden Prarie, Apple Valley, Maple Grove, Edina, Plymouth, Minnetonka, Stillwater, Thief River Falls, Bemidji, Grand Rapids, Austin, Worthington, Woodbury, Maplewood, Golden Valley, Shoreview, Blaine, Anoka, South St. Paul, White Bear Lake, Roseville, St. Cloud, Arden Hills, Brooklyn Park, Forest Lake.
Fatal Accident in Construction Zone on 35W
A tragic accident on 35W in Burnsville is a reminder that drivers need to use extra caution in construction zones.
Today, two Egan Co. employees were hit while working in a construction zone. One died at the scene and the other at the hospital. The names have been released by the Minnesota State Patrol, but out of respect for the families, we are not reporting them here. Our thoughts are with the families.
According to information just released from the Minnesota State Patrol, a Mitsubishi 3000GT driven by Kirk Deamos, 21, of Raymore, Missouri, was traveling northbound on 35W in the left lane when the driver lost control and struck the two construction workers. The updated State Patrol report states:
VEH 1 [the Mitsubishi driven by Deamos] NB 35W IN LEFT LANE, SLOWING FOR UPCOMING CONSTRUCTION. DRIVER FELT HE WAS TOO CLOSE TO THE CONSTRUCTION WALL, BRAKED AND STEERED RT. VEH TURNED RT HARDER THAN DRIVER THOUGHT IT WOULD. HE THEN TURNED LEFT TO COMPENSATE, THEN RT AGAIN. VEH THEN SPUN OUT IN THE RIGHT DITCH, STRIKING 2 CONTRACTED CONSTRUCTION WORKERS.
This is preliminary information. Some of the questions that need to be answered include the following:
- Did a defective car part contribute to the accident?
- Was alcohol a factor?
- Was there a problem with safety measures taken at the construction area?
Contact our attorneys for information regarding accident investigations and finding all liable parties.
Drinking and Driving Causes 11,000 Wrongful Death Accidents Every Year
Adults drank too much and got behind the wheel about 112 million times in 2010—that is almost 300,000 incidents of drinking and driving each day—according to a CDC Vital Signs study released today by the Centers for Disease Control and Prevention.
“The four million adults who drink and drive each year put everyone on the road at risk,” said CDC Director Thomas R. Frieden, M.D., M.P.H. “In fact, nearly 11,000 people are killed every year in crashes that involve an alcohol–impaired driver.”
“When drunk drivers make a mistakes on the road, they tend to be major mistakes like crossing into oncoming traffic, rolling their car or striking an object,” said Attorney Fred Pritzker. “The results are often catastrophic.”
The study also found that:
- Men were responsible for 81 percent of drinking and driving in 2010.
- Young men, ages 21–34, made up only 11 percent of the U.S. population in 2010, yet were responsible for 32 percent of all episodes of drinking and driving.
- Eighty–five percent of drinking and driving episodes were reported by people who also reported binge drinking. Binge drinking means five or more drinks for men or four or more drinks for women during a short period of time.
MN Boating Accident Second Body Found
A boating accident on Northern Minnesota’s Cass Lake occurred on Monday, July 25. The body of a 70-year-old Denmark, MN man was found the same day, and the several-day search for the second body concluded Thursday, July 28 when officials found the body of a 52-year-old Sheboygan, Wisconsin man, according to the Cass County Sheriff’s Department.
The second body was recovered near Star Island at around 11 a.m. Thursday. Sheriff’s Chief Deputy Erick Hoglund told local news outlets that the victims were found in about 40 feet of water. There are no witnesses that authorities are aware of, but it is believed that only one boat is involved in the accident. Leech Lake Tribal Police, Pike Bay Police Department, Beltrami County Sheriff’s Department, Leech Lake Tribal Conservation Officers, DNR Conservation Officers, Border Patrol and the Lakes Area Dive Team all assisted in the search and rescue efforts.
MN Boating Accident Lawyer and Legal Information
If someone is killed in a boating accident, the family of the deceased may be able to file a wrongful death lawsuit if it is found that someone is at fault for the accident that caused the death. According to the boat accident lawyers at Pritzker Olsen:
“Recreational boat crashes are governed by a number of city, county and/or state laws. Most boat operators have a legal obligation to operate their watercraft in a safe manner. If they don’t, there may be criminal charges, and the people who were injured may be entitled to sue for damages. Boat owners also need to be careful about allowing other people to drive their boat. No matter who is driving, if the boat is in an accident, the boat owner may be liable for the damages.”
The boat accident lawyers at Pritzker Olsen have recovered millions of dollars for people injured in accidents, and for the families of people killed in accidents. People injured in an accident may be entitled to compensation for medical expenses, wage loss, loss of earning capacity, and other damages. The families of people killed in an accident may be entitled to compensation for funeral expenses, loss of income, loss of comfort and companionship, and other damages.
Contact a Pritzker Olsen boat accident lawyer for a free consultation. Our attorneys represent families in wrongful death lawsuits throughout Minnesota, including Twin Cities, Minneapolis, St. Paul, Rochester, Bloomington, Eagan, Stillwater, Bemidji, Grand Rapids, Woodbury, Washington County.
News Source: http://brainerddispatch.com/news/2011-07-28/second-drowning-victim-recovered-cass-lake
MN Rollover Accident on I-90 Causes Injury
A rollover accident occurred on Interstate 90 in Winona County, Minnesota early in the morning on Wednesday, July 27, local news sources report. Part of I-90 was closed following the accident, which occurred at 7:30 a.m., but the interstate was reopened about 3 hours later. The river of the rolled vehicle was a 52-year-old Houston, MN woman. She was retrieved from her 2000 Chevrolet Venture and taken to a hospital in LaCrosse, WI to be treated for her injuries. No alcohol use was detected and the woman was wearing her seatbelt.
Rollover Accident Information From MN Rollover Accident Attorney
According to a 2011 report from the National Highway Traffic Safety Administration (NHTSA):
“Rollover crashes still comprise a disproportionately large number of highway fatalities. Although they account for only three percent of vehicles in crashes, they lead to approximately one-third of all occupant deaths. Some vehicle safety features recently introduced in the motor vehicle fleet may be contributing to a reduction in rollover crashes and the harm they cause. These features include rollover sensors to trigger inflatable SCABs (aka rollover protection) to mitigate occupant injury, Electronic Stability Control (ESC) to reduce loss of yaw control, and Roll Stability Control (RSC) to minimize the number of rollover crashes that occur. These safety features are typically installed in Light Trucks and Vans (LTVs).”
The accident injury lawyers at Pritzker Olsen have recovered millions of dollars for victims injured in van rollover accidents and SUV rollover accidents. People injured in a rollover accident may be able to file a lawsuit if it is found that another driver is at fault, or they may be able to file a lawsuit against a manufacturer if it is found that a vehicle defect contributed to the accident. An injured person may receive damages (money) for:
- Medical bills
- Wage loss
- Loss of future earning capacity
- Pain and suffering
Contact the rollover accident injury attorneys at Pritzker Olsen for a free consultation >>>
News Source:
http://kaaltv.com/article/stories/S2216444.shtml?cat=10219
Minnesota Rollover Car Accident in Duluth Under Investigation
Photo from Northland's News Center
A Duluth, MN rollover car accident was reported around 10 a.m. Wednesday, July 20 at the intersection of Lake Ave and 2nd St. Three different drivers in three different cars were involved. One of the cars rolled over. An ambulance arrived on the scene to treat injuries. Authorities are continuing to investigate the cause of the accident.
People injured in rollover car accidents may have a legal claim against another driver who may have caused the accident. If it is found that the at-fault driver was intoxicated, persons injured may also have a dram shop claim against a bar or restaurant that over-served the drunk driver. Additionally, if it is found that the car accident can be attributed to a faulty or defective car part, the manufacturer of that car part may also be held liable in a car accident lawsuit.
Someone injured in a rollover car accident may be able to receive compensation for the following:
- medical bills
- wage loss
- loss of future earning capacity
- pain and suffering
The surviving family members of someone killed in a rollover car accident may be able receive compensation in a wrongful death lawsuit for the items above, as well as:
- funeral expenses
- loss of comfort, advice, comfort and companionship
CONTACT THE PRITZKER OLSEN MN CAR ACCIDENT ATTORNEYS FOR A FREE CONSULTATION >>>
News source:
http://www.northlandsnewscenter.com/news/local/Car-Rolls-Over-On-Lake-Avenue-In-Duluth-125892783.html
