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Rule 144.01Application for Appointment of Trustee Every application for the appointment of a trustee of a claim for death by wrongful act under Minnesota Statutes, section 573.02, shall be made by the verified petition of the surviving spouse or one of the next of kin of the decedent.
Damages in a Minnesota wrongful death case can include compensation for the following categories of losses: funeral and burial expenses. expenses for the care, treatment, and hospitalization required to treat the deceased person's final injury or illness. loss of the deceased's services, protection, care, and ...
However, Minnesota follows the modified comparative negligence approach. This means that Minnesota does not bar your negligence claim so long as a judge or jury does not determine that you were more than 50% at fault for the accident/injuries.
Minnesota recognizes two types of assumption of risk ? primary and secondary. Primary assumption of risk is a limited doctrine typically applied in cases involving inherently dangerous sporting events. The baseball rule and its accompanying tort immunity is an application of the primary assumption of risk doctrine.
An action to recover damages for a death caused by an intentional act constituting murder may be commenced at any time after the death of the decedent.
The four basic elements in a negligence case in Minnesota are: duty, breach of duty, injury or harm, and proximate cause. Foreseeability is also an important consideration. In negligence cases, duty is an obligation to conform to a particular standard of conduct toward another.
The doctrine of last clear chance is abolished. Evidence of unreasonable failure to avoid aggravating an injury or to mitigate damages may be considered only in determining the damages to which the claimant is entitled. It may not be considered in determining the cause of an accident.
Minnesota's statute of repose prohibits suing a contractor for most construction defects after between 10-12 years after the home is substantially completed.