An unexpected tragedy can take a heavy toll on you and your family. Accidents that cause us to lose a loved one are sobering reminders of how unexpected life can be and how difficult it is to go through a period of mourning. There’s nothing that can bring back those moments you’ll miss with your loved one, but there are steps you can take to help yourself heal. Working with an experienced wrongful death attorney can help you recognize that you may be entitled to compensation for what you and your deceased loved one have experienced.
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According to Minnesota Statute Section 573.02, a wrongful death occurs when a liable party causes the death of a person through an unlawful act, or omission in incidents, where the victim could have filed a personal injury complaint if they had lived. A wrongful act might be deliberate or unintentional.
Wrongful death claims are considered personal injury claims your loved one could have filed if the accident hadn’t caused their death. If someone’s actions killed your loved one, you can file a civil wrongful death claim on top of criminal proceedings. Wrongful death cases aim to determine who is to blame for the accident and compensate surviving family members for damages.
In personal injury cases, the person who files the claim is typically whoever suffered the injury. Because the nature of wrongful death cases, someone else must take on the responsibility of pursuing legal action. A wrongful death case can be brought forth by the deceased’s surviving family members, but are often filed by the deceased’s:
Typically, only the deceased’s spouse and children are eligible to file a claim. However, if they did not have a spouse, partner, or any children, then the deceased’s parents can file the claim. In the event the victim had no parents, their grandparents may do so. In cases where the family doesn’t wish to pursue legal action themselves, the court can appoint a trustee to handle the case in their place.
Similar to personal injury cases, plaintiffs can file wrongful death claims to pursue financial compensation from the liable party and insurance companies. Going through a lawsuit is a complex process, so it may seem overwhelming to go forward with it. However, financial compensation serves several purposes which are incredibly useful to the survivors of a wrongful death accident.
Any wrongdoing must be acknowledged and penalized in some way. When we hold people responsible for their actions, they may change their behavior moving forward to avoid further punishment, keeping others safe from their bad behaviors.
A death might result in a slew of financial losses. Your loved one may have accrued medical bills due to the treatment they required following their accident before passing away. You may also attempt to seek damages for the costs of your loved one’s funeral and burial. If the deceased used their income to provide for you and your family, you would have to figure out how to survive without that income in the household. Compensation can accommodate that.
While financial losses are frequently the focus, the survivors of the deceased may be able to recover emotional damages as well. Loss of consortium and mental anguish are the most common emotional damages claimed in these circumstances. Losing a loved one can have a long-term negative impact on one’s mental health. The compensation you receive from your case can finance treatment for your mental health in addition to alleviating worries about your financial future.
It’s critical to understand the statute of limitations with a wrongful death case. When it comes to statutes of limitations, each state has its own rules for how long you have to file a claim. An experienced attorney can help you determine this time limit.
There are numerous advantages to having an experienced wrongful death attorney guide you through your claim. Despite how difficult it may be, pursuing damages can relieve some of the burdens of losing a loved one.
The attorneys at Knutson + Casey are well aware of how difficult it is to go through a lawsuit while mourning for someone you care for deeply. We have worked on various wrongful death cases and know how to address your case with the strength and sensitivity you need at this time. Thousands of clients can attest to our legal prowess, so you can be confident that we’ll handle your case the right way. Call us at (507) 344-8888 or complete our contact form to schedule your free consultation today.