If the evidence supports a wrongful death claim, a family can sue for the death of a passenger killed in a rollover accident. This is the case even if the driver was a parent of a child killed in the crash. You can contact our Minnesota car accident lawyers for a free consultation, and they will help you determine if you have a case and how much your case is worth.
“Our experience is that families want an independent investigation of the accident to make sure they know what happened,” said attorney Fred Pritzker. “Even in rollover accidents there can questions that need to be answered. For example, did the driver consume alcohol prior to getting behind the wheel? If so, and the alcohol was consumed in a bar or restaurant, the family may have a “dram shop claim” against the bar or restaurant.”
Our independent investigation of a rollover accident includes visiting the scene of the accident, inspecting the vehicle, interviewing survivors and eyewitnesses and other evidence gathering. In cases involving a semitrailer or other commercial vehicle, we have to send a spoliation letter, which prevents evidence from being altered or destroyed, and dig through company documents looking for violations of law and evidence of corporate liability.
Minnesota Wrongful Death Law
Minnesota wrongful death claims are governed by Minnesota Statutes, section 573.02. According to this law, the family of a person killed in a traffic accident in Minnesota can file a lawsuit against the legally responsible driver(s) and companies. The process generally goes as follows:
- The family hires one of our lawyers to represent them;
- We file documents with the court asking that it appoint a trustee (a step required by law);
- We work through the trustee to obtain compensation for the family, first sending a demand letter and then taking steps to get the case settled;
- If the case can’t be settled, we take the case to trial; and
- The money won by settlement or at trial is divided up among the “next of kin” as defined by law in a manner provided by order of the court.
Under Minnesota law, a spouse, children, parents, grandparents, and siblings are “next of kin” and have the right to sue for the wrongful death of their loved one. You can contact our attorneys for a FREE consultation here about a fatal rollover accident involving a car, van, semi-truck or other vehicle. See our top cases.
Our lawyers represent Minnesota families throughout the state, including in the following areas: Twin Cities area – Minneapolis and St. Paul, St. Cloud, Duluth, Rochester, Mankato, Bemidji, Brainerd, Moorhead, Worthington. Attorneys Fred Pritzker and Eric Hageman have been named a “Minnesota Super Lawyers” and Fred is listed in The Best Lawyers in America.
