Understanding Wrongful Death Claims in Minnesota
When a loved one dies due to someone else’s negligence, surviving family members may pursue a wrongful death claim to seek compensation for their loss. This can help address both emotional and financial hardships, including lost income and final expenses.
Key Elements of Wrongful Death Claims
A valid wrongful death claim requires four essential elements:
- An identifiable person or entity responsible for the death
- Death resulted from negligence (accidental or intentional)
- Surviving next of kin
- Demonstrable financial hardship due to the loss
Important Legal Details
Key facts about wrongful death claims in Minnesota:
- It’s a civil lawsuit, not a criminal prosecution
- Must be filed by a court-appointed trustee (surviving spouse or next of kin)
- Three-year statute of limitations from death, or six years after the incident
- Requires only a preponderance of evidence (greater than 50% probability)
Who Can File?
Eligible parties include:
- Surviving spouse
- Children
- Parents
- Siblings
- Grandparents
For legal assistance with your wrongful death claim, contact our attorneys at (612) 465-8733 for a free consultation.
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What is Wrongful Death?
Wrongful death is when someone is killed due to the negligence of another. When filing a wrongful death lawsuit, there are four elements to each case:
- A company or individual was responsible for the death of the victim
- The company or person was strictly liable for the victim’s death due to negligence
- There is surviving next of kin
- The victim’s death has caused monetary damages.
Minnesota law requires that the heirs have a judge appointed trustee prior to the lawsuit beginning. It is the trustee’s responsibility to file for financial losses that have occurred due to the accident. These financial losses include:
- Funeral expenses
- Medical expenses
- Burial expenses
- Loss of potential earnings
- Loss of companionship, support, comfort, advice
You must talk to a wrongful death lawyer as soon as possible. Minnesota does have a statute of limitations on wrongful death lawsuits, which is that a lawsuit must be filed within 3 years from the date of death. So if an accident rendered your loved one in a coma for six months and then they died, the statute of limitations begins at the time of death.
Minnesota Wrongful Death Attorney
If you wish to receive the compensation you deserve due to the wrongful death of a loved one, you need legal representation right now. There is evidence out there that needs to be secured and a case to be assembled. You can call us at 612-INJURED (612-465-8733) or fill out our contact form to arrange for your free no-cost, no-obligation consultation. You should not have to deal with the financial and emotional effects of losing your loved one. Although the emotional scars will never heal, you should not have to deal with those aspects that are unnecessary.
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