Losing a loved one is a devastating experience, and when that loss is due to someone else’s negligence or wrongdoing, it may be even more difficult to bear. In such cases, filing a wrongful death claim may provide some level of justice and compensation for the surviving family members, and it can provide closure for the family. However, determining who is eligible to file a Rochester, MN wrongful death claim may be complex, and even overwhelming following the death of a loved one.
At Knutson + Casey, our team of experienced attorneys understands the sensitivity and complexity of such cases and is here to help guide you through the process. Whether you are a spouse, child, parent, or other eligible family member, we will work tirelessly towards the justice and compensation you deserve.
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A wrongful death claim is a legal action taken when someone’s death is believed to be the fault of another person or entity, due to either negligence or intentional harm. This type of claim allows the deceased’s family members or dependents to seek financial compensation for their loss. The purpose of a wrongful death claim is to provide support for those left behind while also holding the responsible party accountable for their actions.
The damages sought in these cases may cover a range of losses, including funeral and burial costs, lost wages and benefits, loss of companionship, and emotional distress. Wrongful death claims provide a way for the family to receive some form of relief in the face of their tragic loss.
In Rochester, MN, those eligible to file a wrongful death lawsuit include immediate family members who suffered losses due to the wrongful death, including spouses, children, and parents. These survivors are entitled to file a claim to seek compensation for the significant losses they have experienced as a result of their loved one’s untimely death.
To make a wrongful death claim, a Trustee must be appointed by the court to represent the decedent (the person who has passed) and all the heirs of the decedent. This Trustee, often a spouse or a parent of the deceased, is tasked with making decisions on behalf of all next of kin. It’s crucial that this Trustee is not someone who might be considered a defendant in the wrongful death lawsuit. Their responsibilities are comprehensive, including liaising with attorneys, managing the claim and a lawsuit if that is needed, and handling responses to legal issues that may arise.
When it comes to distributing the compensation received from the claim, if the next of kin may unanimously agree on a division plan, they may file a petition with the court, and usually, the judge will approve their agreement. However, in instances where there is disagreement on how to divide the recovery, a court hearing is arranged. During this hearing, the judge will determine the most equitable way to distribute the funds among the family members, ensuring that the process is fair and just for all involved.
In Rochester, MN, there’s a specific timeframe within which a wrongful death claim must be filed, known as the statute of limitations. The law stipulates that the claim must be initiated within three years from the date of the deceased’s passing. This time limit is crucial for the family or the estate to bear in mind.
Failing to file within this period may result in the loss of the right to seek compensation for the wrongful death. Take action promptly if you believe you have a wrongful death claim. Starting the process early gives your attorney ample time to gather necessary evidence and build a strong case. Waiting too long could jeopardize your chance to obtain justice for your loved one.
If you’re navigating the complexities of a wrongful death claim in Rochester, MN, and seeking compassionate, experienced legal guidance, the team at Knutson + Casey is ready to stand by your side. With our deep understanding of Minnesota’s wrongful death laws and a commitment to representing your family’s interests, we strive to make the legal process as straightforward and stress-free as possible.
To discuss your case and explore your options, please reach out to our offices. For our Mankato office, dial (507) 344-8888, and for Minneapolis, call (763) 259-3642. Alternatively, you may complete our contact form at your convenience. Let us help you take the first step towards seeking justice for your loved one.