TRAFFIC DEATHS DOWN IN 2004 - 3 REMINDERS FOR HANDLING WRONGFUL DEATH CLAIMS
The Minnesota Department of Public safety recently reported there were 60 fewer traffic deaths on Minnesota's roadways in 2004 — a decrease of 9.2 percent from preliminary figures released for 2003.
The preliminary figures reveal there were 537 traffic deaths recorded in Minnesota in 2004. The 2004 death count includes 444 motorists, 54 motorcyclists, nine bicyclists and 30 pedestrians, public safety officials said in a statement.
Public safety officials attributed the drop in deaths in part to education efforts and to an increase in seat belt use. Seat belt use among Minnesotan's reached a record high of 82.1 percent in August 2004, officials said.
Adjusting a death claim can be a heart-wrenching experience, certainly filled with emotion for everyone involved. In many cases, claimant’s emotions make resolution of the claim extremely difficult. Nevertheless, you must follow Minnesota’s rather strict rules to properly resolve any death claim. Here are three procedural reminders when faced with a death claim, as set forth in Minn. Stat. §573.02:
You must obtain and secure court appointment of a trustee. Only the “trustee for the heirs and next of kin” of the decedent may bring a claim; only the trustee will have the authority to oversee and negotiate the final settlement of the wrongful death claim. A personal representative of the estate will not suffice.
The wrongful death action can only be brought in the venue where the decedent could have maintained an action had (s)he lived. Notice should be given to all potential heirs of the application of appointment of trustee. Keep the trustee requirement in mind especially when dealing with an unrepresented claimant because even the surviving spouse, unless (s)he is the trustee, cannot validly settle a claim even if (s)he may be the only surviving heir. The trustee must settle the claim.
Any wrongful death release must contemplate full and final settlement. The release requires information which will be available to any trustee. Information regarding the trustee’s appointment should be included. We recommend reference to the actual court’s order appointing the trustee. Information regarding potential heirs should be included.
The release does not require specific “court approval.” The court’s role in settlement is limited, technically, to dividing the proceeds. The trustee has discretion in his/her representative capacity to settle the claim. It is often the case that the judge will be asked to “approve” the settlement amount in the same proceeding where the judge orders/approves the proposed distribution.
An action for damages due to wrongful death, in which there is no allegation of professional negligence of a medical provider or an act of murder, must be commenced within three years after the date of death. Minn. Stat. § 573.02, subd. 1.
An exception for resolving death claims involving uninsured motorist benefits was recently discussed in the case of Miklas v. Parrott, 684 N.W.2d 458 (Minn. 2004). In Miklas, a brother and sister were killed while passengers in a one-car accident in May, 1997. The driver and vehicle were uninsured. A wrongful death action was commenced against the driver and owner and against Illinois Farmers Insurance Company for uninsured motorist benefits. The complaint alleged that Patricia Miklas had been appointed as trustee for the next-of-kin on September 29, 1997, but for unclear reasons, Miklas had not actually been appointed as trustee prior to the 3 year statute having run. Farmers, upon receiving notice that no trustee had been appointed, moved the court to vacate the settlement. The Supreme Court held that claims for uninsured motorist benefits based on wrongful death must be commenced within six-year contracts statute of limitations, rather than within three-year wrongful death limitation period.
Please feel free to contact me if you have questions regarding the required process of properly resolving wrongful death claims.
About the Author:
Jon is an associate attorney with the firm, focusing his practice solely on litigation. He is licensed in both Minnesota and Wisconsin. Jon primarily concentrates on all types of automobile litigation, including: no-fault, UM/UIM, and bodily injury claims. He has represented national automobile insurers in well over 100 binding arbitrations with excellent results. In fact, Jon recently received a complete defense verdict in just his third jury trial. He also aggressively litigates slip/fall cases, dog-bites, professional liability, construction disputes, and wrongful death cases. Jon is a frequent lecturer to our clients, including presentations on: defending self-employed wage-loss claims, general MN PIP, and low-impact bodily injury claims. Jon is a third-generation lawyer, recently attending a ceremony honoring his grandfather's 50th year of practicing law in Wisconsin. He enjoys hunting, fishing, golfing, and cheering for the Green Bay Packers.