Wrongful Death and Recovery Rights of Children in Minnesota
Article provided by Milavetz Gallop & Milavetz PA
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Wrongful Death
When someone loses their life as the result of another's negligent acts, the family has a right under the law to recover for the lost life. Under Minnesota's Wrongful Death Act, spouses and next of kin can bring a civil suit against the responsible party to recover "pecuniary losses."
Pecuniary losses include funeral expenses and any medical costs and lost wages of the family member bringing the wrongful death suit. These losses, however, do not include recovery for mental anguish or grief caused by the death or any losses the deceased (referred to as the "decedent") suffered. In Minnesota, the right to compensation for an injury is personal to the individual who was injured. In other words, the right to sue dies with the person injured. This means that in a wrongful death lawsuit, family members only can recover for losses they personally suffered.
Minnesota law recognizes that family members also suffer pecuniary losses from the loss of "advice, comfort, assistance and protection" the loved one provided to the family. This requires the jury to determine a monetary value for what the decedent likely would have contributed to the family throughout his or her life. The decedent's occupation, income, age and life expectancy are some of the factors the jury may consider to set a value on the loss of advice, comfort, assistance and protection. The jury will then determine an amount that is "fair and just" to compensate the family for its loss.
In some cases, punitive damages may be awarded. Punitive damages are a type of damages the court may award to punish the liable party for their acts and deter others from acting in the same way. In wrongful death actions, punitive damages may be available if it can be proven that the liable party acted with deliberate disregard for the rights and safety of others. Punitive damages are awarded in addition to any other damages (or "actual damages") the family may receive.
Recovery Rights of Children
One of the worst situations imaginable is when a child loses one or both parents because of someone else's disregard for life. No one wants to leave his or her child behind without the care, comfort or protection of a parent.
Minnesota law permits next of kin, which includes children, to bring a wrongful death action for the loss of a parent. After the action is filed, the court will name a trustee to act on behalf of the child in the lawsuit. Any compensation recovered for the child generally is kept in trust and the funds can be used for the child's benefit, including his or her care, living expenses and education.
While there is no way to make up for the loss of a parent, a wrongful death suit can help ensure the child receives necessary compensation to replace the financial support the parent would have provided throughout the child's life had their own life not been cut short by another's careless acts.
The law limits the amount of time families have to bring a wrongful death cause of action. The action must be commenced within six years after the death; otherwise, the family will lose its right to recovery.
Conclusion
Wrongful death suits can stem from car accidents, death caused by dangerous products, medical malpractice or any other situation where one person's negligence results in another person's death.
Understandably, it is difficult to assign a monetary value to a lost life. No amount of money can fully account for everything one person brings to their loved one's lives. But wrongful death suits are not just about collecting money for a lost life. Wrongful death lawsuits help ensure that those who are responsible for causing another person's death are held accountable for their actions. Whether the person ultimately faces criminal charges and is convicted by the state for their actions, the family still has the right to bring their own lawsuit and seek justice for their irreplaceable loss.
Article provided by Milavetz Gallop & Milavetz PA
Visit us at http://www.milavetzlaw.com/
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