The loss of a loved one can be devastating, especially if it is sudden and caused by another person’s recklessness. The strain is more than emotional if the loved one was the family breadwinner, and you are now responsible for feeding your family and paying your bills.
If you lost a loved one due to someone else’s negligence, a skilled injury attorney at BK Law Group could help you pursue compensation for funeral expenses, medical bills, lost income, and emotional suffering. A Minnesota wrongful death lawyer could help you sort through the facts and recover the money you deserve.
Parties Who Can Sue for Wrongful Death in Minnesota
To sue for wrongful death, a plaintiff must have standing, or the legal right to sue, recognized by Minnesota law. The right establishes a hierarchy, allowing spouses of decedents the first chance to sue, followed by children, parents, grandparents, then siblings. Someone of lower priority under the law cannot bring suit if someone higher already has. Thus, if a spouse sues, a sibling cannot, although the court will determine compensation and how it is split between heirs based on what the decedent has lost and what the heirs have suffered.
If heirs do not wish to pursue wrongful death lawsuits, the court can appoint a trustee to represent their interests. Actions must be filed with the court within three years of the wrongful death. A knowledgeable Minnesota wrongful death attorney could oversee and help guide this intricate process toward a favorable outcome.
Wrongful Death Lawsuits Result from Defendant’s Negligence
Wrongful death is related to personal injury based on someone’s act or failure to act that leads to harm or death of another. Plaintiffs must prove another party’s negligence to prevail in their injury claim. Proving negligence requires establishing the presence of these legal elements: a duty to act as a reasonable person, breach of that duty, with the breach causing the accident that injures or kills someone. When the prospective plaintiff in a personal injury lawsuit dies, their loved ones have the option of bringing a wrongful death suit.
An attorney is available to assist bereaved loved ones in Minnesota seeking justice for their family member’s wrongful death.
Types of Compensation for Wrongful Death
Compensation can be awarded for both what the decedent lost and suffered as well as what the family has lost. Economic damages serve as reimbursement for medical bills, funeral and burial costs, and the decedent’s lost wages after the injury but before death. Non-economic damages include compensation for the decedent’s suffering, the lost future wages for the family, lost companionship to the spouse, and lost parental guidance for the children.
According to Minnesota Statutes Section 549.20, punitive damages can be awarded separately if the defendant acts deliberately with disregard for the safety of others. A Minnesota lawyer could further explain whether punitive damages might be possible in a wrongful death case.
A Minnesota Wrongful Death Attorney is Here to Help
Losing a loved one suddenly because someone else was negligent is a despairing shock. Our compassionate attorneys respect your need to grieve. But you also should be compensated for what you have endured.
If your loved one could have prevailed in a personal injury lawsuit, we can explore how you might recover compensation for those losses as well as yours. A Minnesota wrongful death lawyer could work tirelessly to secure the compensation you will need to handle your affairs after the loss. Call today for your free initial consultation.