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.
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
Fatal New Ulm, MN Fire Caused By Candles, Authorities Say
A New Ulm, Minnesota fire that claimed six lives was caused by candles left burning unattended, according to the Minnesota State Fire Marshall. The fire consumed the Bohemian Bed & Breakfast and killed six people inside, including the owner. Four others who had been staying at the bed & breakfast were able to escape.
It was discovered after the fire that the bed & breakfast had not been inspected in a year, and that management told authorities that the house would not be used to rent out as lodging for visitors.
Authorities say unattended candles are a common and preventable cause of house fires and that candle fires peak around the holiday season. “About 10 percent of times we see a structure fire candles or open flames are a common cause of that fire,” Deputy Chief Vance Swisher, of the Rochester Fire Department told local news sources. Candles being left burning too close to draperies, or candles being knocked over by pets are two scenarios he cited.
The leading cause of structure fires in 2010 was cooking fires, but open flame or candle fires came in second, causing 10 percent of structure fires that year. Authorities advise people not to leave candles burning unattended and to never place a candle near any combustible material, or in a location where a pet could knock it over.
House Fire Wrongful Death Lawsuit Information
If a fire investigation reveals that someone can be held legally responsible for a house fire, then the family of a person killed in that house fire may be able to file a wrongful death lawsuit to recover damages (money) for things like, funeral expenses, loss of comfort and companionship, and loss of income that the decedent would have provided.
The fire attorneys at Pritzker Olsen have recovered millions on behalf of people killed or injured in fires and explosions. Attorney David Szerlag is a former firefighter with years of experience investigating fires and litigating fire injury and death lawsuits.
Contact Pritzker Olsen for a free fire lawsuit consultation >>>
News Source: http://kaaltv.com/article/stories/S2213813.shtml?cat=10217
Drunk Driver is Possible Cause of MN Car Accident Death, Police Say
The investigation of a July 4 MN car accident has revealed new details, police say. The accident, which left one young man dead and two injured, occurred on Hwy 63 several miles south of Zumbro Falls, MN at about 7 p.m. The car, in which the three young men were traveling, left the road and rolled over. Alcohol use was detected by both men who survived the accident, but both say they weren’t driving. Police have yet to determine who the driver was and say they do believe alcohol was a factor in the accident.
Drunk Driver Wrongful Death Lawsuit
Pritzker Olsen law firm has represented the families of people killed in one-car drunk driving accidents. Recently, we filed a lawsuit on behalf of a family of a woman killed in a one-vehicle accident in Brainerd, MN. The accident was caused by her intoxicated husband, and both were killed. Our wrongful death lawyers interviewed witnesses and examined the physical evidence at the scene of the crash in order to effectively argue the case.
The families of those killed by a drunk driver may be able to file a wrongful death drunk driver lawsuit. They can potentially be compensated for things like:
- Funeral expenses
- Medical expenses
- Loss of potential earnings
- Loss of advice, comfort, assistance, protection, counsel and society
- Punitive damages
Another type of drunk driver lawsuit claim is what’s known as a dram shop claim. This is a lawsuit against the establishment (bar, restaurant, etc) that served the drunk driver. Minnesota car accident laws state clearly that it is against the law for establishments that serve alcohol (dram shops) to sell or give alcoholic beverages to an obviously intoxicated person. If the establishment does serve that person, then the establishment can be held liable for injuries or deaths that may arise from that person driving intoxicated on the roads.
The restaurant or bar responsible for over-serving the drunk driver would then have to compensate those injured by the drunk driver or the family members of anyone killed by the drunk driver.
Contact Pritzker Olsen attorneys for a free drunk driver wrongful death lawsuit consultation.
Information from:
http://www.startribune.com/local/125015184.html
New Ulm, MN Fire Death Investigation Reveals New Information
A New Ulm, MN fire that destroyed a Bed and Breakfast and killed six is still under investigation as new details come to light. New Ulm, Minnesota officials had not performed a 2010 inspection of the Bed and Breakfast because they were told by the management that the rooms would not be rented out and occupied.
City records indicate there was no application for a license to use the house for guest occupancy and the records also show that in past years, inspections have revealed fire safety problems that were then remedied. It is unclear whether an inspection would have prevented this fire.
House Fire Wrongful Death Settlement Information
A house fire wrongful death settlement requires an experienced fire attorney. David Szerlag at Pritzker Olsen attorneys is a former fire fighter and has years of experience inspecting fires and settling fire cases on behalf of those injured in a fire or on behalf of the families of those killed in a fire.
In a wrongful death settlement, the loved ones of someone killed in a fire may be able to receive compensation for:
- Funeral expenses
- Medical expenses
- Potential earnings
- Loss of advice, comfort, assistance, protection, counsel and society
- Punitive damages upon clear and convincing evidence that the acts of the defendant show deliberate disregard for the rights or safety of others.
Contact Pritzker Olsen fire attorneys for a free consultation >>>
Information from:
startribune.com/local/125118709.html
