Subdivision 1. Death action.

When death is caused by the wrongful act or omission of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain an action.This is available for the wrongful act or omission causing death.

An action to recover damages for a death caused by the alleged professional negligence of a [medical provider] shall be commenced within three years of the date of death. However, in no event shall be commenced beyond the time set forth in section 541.076. An action to recover damages for a death caused by an intentional act constituting murder may be commenced at any time after the death of the decedent.

THREE YEAR STATUTE OF LIMITATIONS ON MOST DEATH CASES

Any other action under this section may be commenced within three years after the date of death. However, the action must also be commenced within six years after the act or omission. The recovery in the action is the amount the jury deems fair and just in reference to the pecuniary loss resulting from the death. In addition, it shall be for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death. The court determines the proportionate pecuniary loss of the persons entitled to the recovery and orders distribution accordingly.

Funeral expenses and any demand for the support of the decedent allowed by the court having jurisdiction of the action, are first deducted and paid. In addition, punitive damages may be awarded as provided in section 549.20.

If an action for the injury was commenced by the decedent and not finally determined while living, it may be continued by the trustee. Again, this if for recovery of damages for the exclusive benefit of the surviving spouse and next of kin. The court on motion shall make an order allowing the continuance and directing pleadings to be made and issues framed as in actions begun under this section.

Subd. 2. Injury action.

When injury is caused to a person by the wrongful act or omission of any person or corporation and the person thereafter dies from a cause unrelated to those injuries, the trustee appointed in subdivision 3 may maintain an action. This is for special damages arising out of such injury if the decedent might have maintained an action therefore had the decedent lived.

Subd. 3. Trustee for action.

Upon written petition by the surviving spouse or one of the next of kin, the court having jurisdiction of an action falling within the provisions of subdivisions 1 or 2, shall appoint a suitable and competent person as trustee. The trustee may commence or continue such action and obtain recovery of damages therein. The trustee, before commencing duties shall file a consent and oath. Before receiving any money, the trustee shall file a bond as security therefore in such form and with such sureties as the court may require.

COMPENSATION FOR WRONGFUL DEATH – MN LAWYERS

At the Rochlin Law Firm, Ltd. our best Minnesota lawyers have helped many grieving families with wrongful death claims when a loved one has been killed in an auto accident or because of someone else’s negligence. Often there are immediate financial concerns that our wrongful death attorneys can assist the family with. Please call us and speak with a lawyer to obtain information about your family’s legal rights. We will answer your questions regarding a potential wrongful death claim.

Pam Rochlin and David Rochlin are MN personal injury lawyers with more than 25 years’ experience. We have successfully represented hundreds of accident victims and their families in situations where someone has died or been seriously injured. We have officeswhere you can meet a lawyerregarding your wrongful death claim in Minneapolis, Woodbury, Edina, and St. Louis Park. Our attorneys will also come to you. We meet families at their homes to discuss wrongful death cases in St. Paul, Roseville, Maplewood, Stillwater, and White Bear Lake. Also, Forest Lake, Brooklyn Center, Maple Grove, Rogers, Elk River, Chanhassen, Chaska, Apple Valley, and other cities throughout Minnesota.