Under Minnesota law, wrongful death settlements require court
involvement. In these matters, the trial court must appoint
a trustee to represent the interests of the heirs and next of
kin and approve the distribution of settlement funds.
When
death is caused by the wrongful act or omission of any person,
entity or corporation, the appointed trustee may maintain an
action against the wrongdoer if the decedent might have maintained
an action, had the decedent lived, for an injury caused by the
wrongful act or omission. An action to recover damages
may arise from a death caused by such things as a drunk driver,
professional negligence of a physician, surgeon, or hospital,
or intentional acts such as murder.
Measuring Pecuniary Damages
In considering damages for the spouse or next of kin, it must
be determined what amount of money will fairly compensate this
person for the monetary loss arising from the death of the decedent.
This is called the pecuniary loss.
In determining this pecuniary loss, the jury should consider
what money and services of a monetary value the decedent would
have furnished to the person if he/she had lived. The
following are factors to bear in mind:
1. The decedent's contributions in the past;
2. The decedent's life expectancy at the time of death;
3.
The decedent's health, age, habits, talents, and success;
4.
The decedent's likely future earning, and prospects of bettering
him or herself had he/she lived;
5.
The decedent's personal living expenses, including the cost
of supporting a child;
6.
The decedent's legal obligation to support the surviving spouse
or next of kin and likelihood of decedent fulfilling that obligation;
7.
All reasonable expenses incurred for a funeral and for burial
or other disposition and all reasonable expenses for support
of the decedent because of decedent's last sickness, including
necessary medical and hospital expenses incurred after and as
a result of the injuries causing decedent's death;
8. The probability of decedent paying any debts owed;
9.
The counsel, guidance and aid decedent would have given the
surviving spouse or next of kin;
10. The advice, comfort, assistance, and protection which the
decedent would have given had he/she lived.
Punitive Damages
Punitive damages are separate and different from pecuniary damages.
Punitive damages serve to punish and deter the wrongdoer and
also to deter others from engaging in similar conduct.
Typically, the award of punitive damages rest in the discretion
of the jury, and are not a matter of right. The jury will
likely consider the degree of culpability of the wrongdoer and
the nature and reprehensibility of the complained acts.
The court will generally only intervene if the award set by
the jury is grossly excessive or is the result of passion or
prejudice. To determine whether this is the case, the
court also considers the nature and consequence of the complained
of acts, the financial status or condition of the wrongdoer,
the amount of pecuniary damages awarded, the amount awarded
in similar cases, the amount of criminal fine or penalty applicable
for a similar act, and any statutory limitations.
Summary
There
is no exact standard by which damages can be measured in a wrongful
death case since, by nature, personal injuries are not susceptible
to a precise monetary measure. Because the purpose of
assessing damages is to attempt to compensate the surviving
spouse or next of kin harmed by the negligence or intentional
actions of another, the law does not impose hard and fast rules
to be used blindly in figuring the damage award in every wrongful
death case. It is impossible to equate money with the
loss suffered, thus no precise rules can be stated. This
is why discretion is left to the jury who is supervised by the
court.
Statutes of Limitations
There
are Statutes of Limitations which apply to a wrongful death
case and if the necessary action is not taken within the specified
time period, you may be barred from obtaining a recovery if
your spouse or next of kin has passed away and you have any
reason to believe that you may have a claim under Wrongful Death,
you should contact an attorney immediately. The purpose
of this information is to briefly acquaint the reader with wrongful
death compensation.
Consult
legal counsel to determine the applicability of the information
in this website to your circumstances. The information
contained in this website is not intended to provide legal advice
to you and you should not rely on this information other than
to obtain a general understanding of the concepts and terms
discussed.
Please call Montzka Legal Services at (651) 462-4200
should you have any questions.
