20+ Years of Wrongful Death Law Firm Experience
The death of a loved one causes a lifetime of grief, especially when that loved one is taken from you unexpectedly. If you have recently lost a loved one due to the negligence of someone, then you probably feel like you’re struggling just to go through the motions of life. This overwhelming grief is made worse with the understanding that the death was preventable.
Surviving family members can suffer more than the grief from an untimely passing. Financial hardships can arise from such a loss. Lost income can cause many difficulties, leaving the family in a position to search for ways just to pay the bills. The final expenses of the departed can also be very challenging and can ultimately leave relatives struggling to bring some sense of closure with a funeral.
Fortunately, Minnesota provides a course of legal action with a wrongful death lawsuit. This action gives the surviving family members a way to seek compensation from the negligent party responsible for the death of their loved one. If you feel you and your family is entitled to compensation due to the death of a loved one, our wrongful death attorney might be able to help. Call 612-INJURED at (612) 465-8733 for a free consultation.
What is wrongful death?
Wrongful death occurs when someone dies because of another person’s negligent action, whether accidental or intentional. Many actions with a negligible participant can cause this. Car accidents, unsafe conditions, violent assaults, and workplace accidents that lead to an untimely passing can potentially be classified as wrongful death.
What is a wrongful death claim?
A wrongful death claim is a civil lawsuit, not a criminal prosecution. No result will bring fines or time in prison. A district attorney plays no role in this. It is important to make this distinction. What it does do, if your claim is successful, is provide financial compensation from the party or entity at fault for the wrongful death.
Lawsuits from these claims are filed against the at-fault party, but there are often others with an interest in these cases. Insurance companies of the defendant might be covering the at-fault party with a policy in the case of such a death. This is why it is important to have a wrongful death lawyer to help determine what can be done in your case and deal with an insurance company if needed.
Who has the right to file a wrongful death claim?
In Minnesota, a wrongful death claim can be brought by the surviving spouse or next of kin of the deceased but only after the court has appointed this person as the trustee. Next of kin includes children, siblings, parents, grandparents, and other family members. Upon appointment of a trustee, a wrongful death lawsuit can be brought against the at-fault party or entity. A wrongful death firm can help you more easily navigate this.
It is important to note that the statute of limitations for wrongful death in Minnesota is three years from the death or six years after the incident that led to the death.
How difficult is it to prove wrongful death?
There are four elements that must be in place for a wrongful death claim: a person or entity responsible for the death, the death was due to negligence, a surviving next of kin, and financial hardship due to the loss of the victim.
The standard for the burden of proof is set at a preponderance of evidence. This means that there is a greater than 50% chance that the arguments given are accurate. Knowing what should be presented and how it is done is incredibly important, particularly when you are dealing with so much in your life already. This is why it is important to have wrongful death lawyers on your side.
What do you do next?
If you feel the death of your loved one qualifies as a wrongful death, call our wrongful death attorneys at 612-INJURED at (612) 465-8733 for a free consultation. We will listen to your story and help take some of the burden during this difficult time.
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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