Few things in life are as emotionally devastating as losing a beloved family member suddenly and prematurely. This situation is even more fraught with stress and grief when the death occurred due to the negligent actions of another person or business. While the actions may not have been intentional, your loved one has been taken from you just the same. To compound your grief, you also face the reality of living without that person’s financial support.
Money won’t bring your loved one back and nothing can fill that void in your life. However, a wrongful death attorney in Minnesota can help you recover the financial compensation you deserve as you adjust to living without the person you relied on and you loved so much.
Definition of Wrongful Death in Minnesota
The federal government has left it up to each individual state to determine the statute of limitations to file a wrongful death lawsuit against the responsible party after the death of a spouse or close family member. Generally, you have three years from the date of your loved one’s death due to negligent causes to begin a wrongful death lawsuit in Minnesota. The following events must all take place before you can proceed with the lawsuit:
- A human being died
- His or her death occurred due to the negligence of another person or with that person’s intent to cause harm
- A surviving spouse or next of kin must be appointed by the court as a Trustee
Many situations arise that could lead to a wrongful death claim. Some common examples include:
- Motorcycle crash
- Motor vehicle or aviation accident
- Dog attack
- Physical assault resulting in death
- Intentional Murder
- A supervised activity such as a ride at an amusement park
It’s important to keep in mind that these types of cases can take several months just for the investigation phase. If you have experienced this type of tragic loss, we encourage you to speak to a wrongful death attorney at Tentinger Law Firm right away. This provides your attorney with as much time as possible to research, prepare, and present the lawsuit to the person or organization responsible for the death of your loved one.
Who Can File a Wrongful Death Lawsuit in Minnesota?
A wrongful death claim in Minnesota can only begin after the deceased person’s surviving spouse or next of kin has been appointed by the court to serve as trustee. For purposes of the wrongful death claim, ‘next of kin’ includes parents, grandparents, siblings, and natural or adopted children. Minnesota courts even include cousins, uncles and aunts, nieces and nephews, and possibly even farther into the family tree. After an appropriate trustee is appointed, the lawsuit is then brought for the benefit of the surviving spouse and all of the next of kin alike.
Investigating a Wrongful Death Claim and Determining Damages
After all that you have been through, you would like to think that insurance companies and others involved in your claim would be helpful and forthcoming. Sadly, this is more often the exception than the rule. You will probably need the help of an experienced and aggressive wrongful death attorney to get the answers and compensation that you seek. Tentinger Law Firm has 20 years of experience representing Minnesota families who have experienced financial devastation due to the untimely and preventable death of a loved one.
Damages You Could Receive in a Wrongful Death Case
The jury considers a wide range of damages when awarding compensation in a wrongful death case. Your wrongful death attorney will work hard to help you recover as many of the following as possible:
- Funeral and burial expenses
- Monetary losses realized from the loss of income of the decedent
- Damages for loss of counsel, guidance, advice, assistance and protection the surviving family members may be deprived of due to the death
- Recovery for medical expenses resulting from the treatment for the accident or injury that ultimately led to your loved one’s death
Financial injury, also called pecuniary injury, is the main indicator of damages in a wrongful death lawsuit. To arrive at a figure, the jury considers your loved one’s age, general health status before the accident, earning capacity, general character, and life expectancy.
Contact Tentinger Law Firm Today
If you are struggling financially due to the untimely death of a close family member caused by the negligence of another party, you’re encouraged to seek out a wrongful death attorney – at the very least to evaluate your legal options. Tentinger Law Firm offers a free consultation to evaluate your case and help you learn more about the lawsuit process. This consultation is entirely confidential. The attorney you meet with will provide an honest assessment of your case and let you know the steps involved with moving forward. We encourage you to contact Tentinger Law Firm at 952-953-3330 or use our online form to request your free consultation.