Wrongful Death Attorney in Minneapolis, Minnesota

Heirs Bringing Wrongful Death Lawsuits

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Heirs can bring a lawsuit for someone who dies in an accident. As a matter of fact, a lawsuit in that scenario can only be brought by the heirs and next of kin of the decedent. Well, first of all it’s called a wrongful death action, so if I cause a motor vehicle accident and take somebody else’s life, that would be called a wrongful death action. That would be subject to a three year statute of limitations. Now, that lawsuit would be brought by a trustee, and what happens is the heirs get together as a group, hopefully come to some agreement on which lawyer they want to hire. They hire that lawyer. That lawyer will then advise them that one of them needs to kind of be the point person so that that person can deal with the lawyer and the court system. That’s called a trustee in a wrongful death action.

So hopefully there’s agreement amongst the heirs as to who would act in that capacity, and any competent adult can act in that capacity. Then the lawyer goes to the court and says, “Judge, would you please sign an order appointing this person as trustee in this wrongful death action?” That person then has an obligation to act on behalf of all of the heirs, and so does the lawyer. So simply because there’s a trustee appointed, it doesn’t mean that person and only that person has control over the lawsuit. So but that person would be the contact person or the point person for the lawyer and for the court.

Minneapolis personal injury lawyer Jim Carey explains that heirs can bring a wrongful death lawsuit for someone who dies in an accident.

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