Losing a loved one to an unexpected accident is something that we don’t wish on anyone, but it’s an unfortunate reality for many families in Minnesota each year. Whether it is the result of a workplace accident, an inattentive driver, or a medical mistake, you may be able to file a wrongful death suit if someone else’s actions contributed to the death of your loved one. Below, we answer some of the more common questions about wrongful death claims.
FAQs about Wrongful Death Cases in Minnesota
Here’s a look at answers to some of the most common questions we receive about wrongful death cases. For more information about any question, please don’t hesitate to reach out to our firm directly at (612) 465-8733. We’ve handled our fair share of wrongful death cases, and we can get you the compensation you deserve during one of the most difficult times in your life.
1. When Can You File a Wrongful Death Claim?
Wrongful death claims can be brought when a party’s negligence or failure to uphold an accepted duty of care results in the death of another person.
2. Who Can File a Wrongful Death Claim?
Wrongful death claims are typically brought on by a surviving member of the victim’s family, like a spouse, children, parents, or siblings.
3. How Long Do I Have to File a Wrongful Death Claim?
Wrongful death cases involving negligence have a three-year statute of limitations, but we don’t recommend waiting that long, as the facts of the case can become less clear as time passes. If the death was the result of an intentional act, there is no statute of limitation, and medical malpractice deaths carry their own specific statutes of limitations. But again, while it may not be your first thought after the loss of a loved one, the sooner you file, the better it will be for your claim.
4. What Types of Damages Are Available in a Wrongful Death Case?
There are a variety of complex factors that need to be analyzed and measured in order to come up with an appropriate award. Some factors that will be considered include the decedent’s financial earnings, their life expectancy, their expected future earnings, their health at the time of their death, and the financial outlook of any dependents. Facts about the incident itself will also affect a potential payout.
5. How Are Wrongful Death Damages Divided among Remaining Dependents?
Dependents can hopefully come to a division plan on their own, but the court will step in if they cannot come to an agreement.
6. Do You Need an Attorney to File a Wrongful Death Lawsuit?
While the law does not require you to have one, given the sensitive and complex nature of these cases, it’s unwise to pursue a wrongful death lawsuit without representation. The other party will surely have a lawyer or their insurance company will have a whole legal team, so you need to have a professional in your corner if you want justice.
7. What if We Don’t Agree on Legal Representation?
If you don’t see eye-to-eye with other members of your family, who are also named in the wrongful death claim, you can both bring your own legal representation on board to help with the case. All parties seeking a wrongful death award must be named in a single suit, so you cannot file on your own and allow other family members to do the same. You’ll all be on the same lawsuit, but you are free to use different lawyers if you so choose.
8. What Should I Do after a Wrongful Death Accident?
In the event that you lost someone and believe you have a rightful claim to a wrongful death lawsuit, one of the first things you should do is to contact an experienced wrongful death lawyer at 612-INJURED. Talking with a lawyer will allow the attorney to focus on all the case aspects while you take time to focus on your family and your own grieving. Trying to juggle all of this by yourself can be overwhelming at a very emotional time in your life. Connect with a lawyer soon after the incident to get the ball rolling on your claim and to have some peace of mind knowing that a professional is working hard to get you every penny that you deserve from this tragedy.
For more information about wrongful death representation or to talk with one of our wrongful death lawyers for a free consultation, call or text us at 612-INJURED today at (612) 465-8733.
