Wrongful Death

When someone dies due to the negligence of another, the law allows the heirs and next of kin of the decedent a claim for money damages. This is called a "wrongful death claim."

Wrongful Death Trustee
The person who brings a wrongful death lawsuit is usually called a "trustee." He or she is appointed by a judge to bring the wrongful death claim on behalf of all of the heirs (spouse and blood relatives) of the person who died.

Proving Fault in a Wrongful Death Lawsuit
A wrongful death lawsuit is brought against the person or company whose fault caused the wrongful death. The law in most states requires the trustee (through his or her lawyer) to prove the fault of the defendant (the person being sued) is greater than the fault of the deceased person.

Compensation for Loss
A wrongful death lawsuit is not a criminal prosecution. Only state or federal prosecutors can bring criminal charges. The sole reason for a wrongful death claim is to compensate the heirs of the decedent for their loss.

Each state has different laws about the type of losses for which wrongful death compensation is allowed.

All states allow for the recovery of lost income the decedent would have provided his loved ones.
Most states do not allow recovery for grief or anger suffered by the surviving heirs, but do allow money damages for the loss of advice, care, comfort and companionship the deceased would have provided had he or she lived.
Some states also allow money damages for the pain and suffering of the deceased person prior to death.

Read about monetary compensation (damages) in a Minnesota wrongful death case.

Types of Wrongful Death Cases
Wrongful death lawsuits are typically pursued in cases involving auto accidents, medical malpractice, product liability and any other situations in which the fault of someone other than an employer caused the death (in most states wrongful death lawsuits are not allowed if the death was caused solely by the fault of the deceased worker, the employer or a co-worker)

Court Approves Division of Wrongful Death Proceeds among Heirs
Once the trustee and his or her wrongful death lawyer collect all of the financial compensation allowed by law, it is up to the court to approve the wrongful death settlement and divide the proceeds among the heirs. In most cases, the heirs agree upon how the money should be divided and the judge simply approves the agreement. But if the heirs cannot agree upon a distribution that is fair to all the heirs, the judge will take testimony and then decide the amount each heir will receive.

Wrongful Death Attorney and Free Consultation
At Pritzker Olsen, we’ve helped families collect some of the largest recoveries in wrongful death claims involving defective products, auto crashes, medical malpractice, fires and explosions and other wrongful death claims.

Pritzker | Olsen, P.A. is a nationally-recognized law firm and represents clients throughout the United States. The firm's offices are in Minneapolis, Minnesota. Read about Minnesota wrongful death.

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