When a tragedy occurs that leads to loss of life, personal emotions can be overwhelming and make it difficult to know what to do next. Bringing a wrongful death suit in Minnesota can be heartbreaking and difficult to manage. In most cases, a wrongful death suit is a mechanism to obtain closure for the loss of your loved one by holding those responsible for their death accountable and securing financial support following the decedent’s passing.
The wrongful death suit process can be complicated and consists of many moving parts. One of the components of this kind of suit involves the question of who can properly sue for wrongful death. This article will cover the requirements for filing a wrongful death suit, specifically discussing who can bring that suit in court should it occur.
Experienced Minnesota Wrongful Death Lawyers
If you are considering a wrongful death suit, you understand how emotionally challenging the process can be. It is important to have an experienced wrongful death lawyer on your side when going through this process. Wrongful death attorneys understand the process and procedures involved to help you receive the closure and the compensation you need. The 612-INJURED wrongful death lawyers have the knowledge and experience and are ready to fight for you. To learn more or schedule your free initial case consultation, call or text us at (612) 465-8733.
Wrongful Death Suits In Minnesota
A “wrongful death” occurs when someone dies due to intentional or negligent action. As a result of the death, the deceased cannot bring their own compensation claim. Instead, another person must bring the claim, which will be a wrongful death lawsuit. A wrongful death lawsuit is a civil proceeding, meaning that there will be no criminal penalties, charges, or fines. The remedy in wrongful death suits is for damages, usually in terms of money from the individual or entity found to be responsible for the death.
The reasons for limiting who can file these kinds of suits includes decreasing the time that family members or executors must spend in court, limiting the scope and duration of the proceedings, and ensuring that those recovering damages are exclusive to those closest to the deceased—usually a spouse—or those most impacted by the decedent’s death.
Who Can Bring A Minnesota Wrongful Death Suit
Surviving family members most commonly bring wrongful death suits. However, there are some exceptions depending on the circumstances. In Minnesota, those who can bring a claim include:
- Surviving spouse
- Surviving children
- Decedent’s parents if there are no living children
- Siblings if no living parents or children
- Parents, if deceased is a young child
Whether the deceased executed a valid will before their death can also determine who may bring a wrongful death suit. If the decedent died without a will, the court would appoint a personal representative or executor to handle the estate. If an estate representative is established, that person will have the sole right to bring a wrongful death suit on behalf of the decedent’s estate.
If you are eligible to bring a wrongful death suit, it is essential to remember that the case must typically be brought within three years of the decedent’s death. If brought after this time, you will not be able to bring the claim to court.
Hiring A Minnesota Wrongful Death Attorney
The process of dealing with a wrongful death claim after the loss of a loved one can add more confusion and challenges to a difficult situation. If you are considering a wrongful death lawsuit, it is important that you hire an experienced wrongful death attorney as soon as possible. Our 612-INJURED wrongful death lawyers are ready to help get the compensation you need. To learn more or schedule your free initial case consultation, call or text us at (612) 465-8733.
