Losing a loved one unexpectedly is a painful experience. It can also be a source of lasting economic hardship. Families may struggle to address the loss of a loved one’s household services and financial support. They have to make major adjustments to their daily lives at the same time that they try to work through their profound sense of grief.
Wrongful death lawsuits can provide relief from the financial impact of a tragedy. They can also give families a sense of closure after losing a loved one. A trustee is usually responsible for pursuing and managing a wrongful death lawsuit in Minnesota.
The courts appoint a trustee
In some states, immediate family members of a deceased person have the legal authority to initiate wrongful death lawsuits. In other states, the courts only allow filings brought by the personal representative of a decedent’s estate.
Minnesota approaches wrongful death litigation differently. The courts appoint a trustee to manage the litigation process after receiving an application from those hoping to sue. Typically, that trustee is one of the decedent’s next of kin. The trustee might be their spouse, one of their children or one of their parents.
After officially accepting their role, the trustee then has the legal authority to manage the wrongful death lawsuit. They have the authority to settle the lawsuit and to develop the case in court. Should the lawsuit prevail, the trustee has an obligation to distribute the proceeds appropriately among the surviving family members impacted by the sudden passing of an individual.
Taking appropriate steps, including requesting that the civil courts appoint a trustee, is important for the success of a wrongful death lawsuit. Families seeking justice after a tragedy may need help understanding what steps are necessary to hold the party at fault accountable.