DID SOMEONE’S NEGLIGENT ACTION CAUSE YOUR LOVED ONE’S DEATH?
Count Upon the Skill and Expertise of our Lakeville, MN, Wrongful Death Lawyers
When a loved one dies unexpectedly, it’s often difficult to know who to turn to, and you’re rarely in a frame of mind to make challenging decisions. Particularly when a death was caused by the negligence of a third party, enlisting an experienced Lakeville wrongful death lawyer can provide you with the reassurance, support, and clarity you need.
Our lead attorneys, Isaac Tyroler and Rachel Leonard, and their team, appreciate that the death of a loved one can never be fully compensated through a cash payment. However, making a successful wrongful death claim could help mitigate the financial expenses of a loved one’s demise, which can prove calamitous. Our legal team aim to provide you and your family with financial security at a trying time.
At Tyroler Leonard Injury Law, we offer our unmatched legal services to ensure that you and your family receive your rightful compensation. Give us a call today at 651-259-1113 to speak with our Lakeville wrongful death lawyers.
Why Choose the Lakeville Wrongful Death Attorneys at Tyroler Leonard Injury Law?
When someone you deeply care about dies because of the reckless negligence of another, it can turn your life upside down. As well as the burden of grief and sudden loss, there are often unfair financial repercussions, too.
Don’t face the daunting burden of a wrongful death lawsuit on your own. Partner with our experienced and expert wrongful death attorneys in Lakeville, MN. They know exactly how to prepare these challenging and emotional cases and fight hard on behalf of their client’s rights.
At Tyroler Leonard Injury Law, our Lakeville wrongful death lawyers know the legal process for these claims inside and out and are happy to guide you through it. Both empathetic and extremely hard-working, our team will mobilize to provide you with the fitting outcome you deserve. We don’t expect you to take our word for it, however, so we’ve put together some testimonials from previous clients. Feel free to look through them before you give us a call.
Over the last ten years, we’ve won more than $30 million in settlements and verdicts. Best of all, we work on a contingency basis, so you won’t pay a penny unless we win and can recover money on your behalf. We’re also happy to offer any advice and support we can in this trying time.
You deserve to have compassionate, experienced representation. Find out why we are the right choice for you. Call Tyroler Leonard Injury Law at 651-259-1113 today to discuss your Lakeville wrongful death case.
Recoverable Damages in a Wrongful Death Claim
When the death of a loved one occurs due to the negligence or recklessness of another person, you may be able to pursue a winning wrongful death claim for the damages you suffered.
These damages (which include emotional loss) can include:
- Medical expenses
- Funeral and burial expenses
- Lost support and income
- Counsel, guidance, and aid that would have been available; and
- The advice, comfort, assistance, companionship, and protection the person would have given had they lived.
As well as some form of financial recompense, you may also be able to recover punitive damages. These are intended to punish the negligent party.
Minnesota statute § 549.20 deals with punitive damages, but it only allows the victim’s family to collect these damages when clear and convincing evidence is available that shows the defendant disregarded the safety of the decedent. Wisconsin statute § 895.043 places a $200,000 limit on the punitive damages available. Our team must show that the defendant exhibited intentional disregard for the decedent’s safety and rights to win this judgment.
Please speak with our experienced attorneys to determine whether you are eligible to seek this type of damage. Our team will advise you on your specific case and help you understand the next steps you need to take. Contact our wrongful death attorneys in Lakeville for a successful start on your claim.
Main Components of a Wrongful Death Case in Lakeville, MN
Following are the specific and mandatory components that facilitate a successful wrongful death claim in Lakeville, MN. The team at Tyroler Leonard Injury Law will fully investigate your case to find evidence that these elements exist. We take pride in our investigative skills, because we know how important it is for us to find evidence to support your case.
Negligence is one of the components of a wrongful death claim. This involves proving that the defendant owed a duty of care to the victim and that the defendant breached that duty, causing the victim’s death. For example, not providing mandatory health and safety measures in the workplace could constitute failure in the employer’s duty of care. If you can establish this, you may be able to recover damages for the victim’s wrongful death.
Financial damages obtained through a legal claim or a civil lawsuit are separate from any possible criminal charges that might also arise from the victim’s death, which could be brought by the authorities. Financial damages can include the following:
- Funeral and burial expenses
- Lost wages and benefits
- Medical expenses
- Loss of companionship
- Property damage.
These monetary damages are intended to compensate the victim’s family for the financial loss they have suffered due to the victim’s death.
Intentional Cause in a Lakeville Wrongful Death Case
Intentional torts are another type of civil wrong that can be the basis for a wrongful death claim. An intentional tort means that the civil wrong was committed on purpose instead of being the result of negligence or carelessness.
Common intentional torts that can lead to wrongful death claims include assault, battery, and false imprisonment. For an intentional tort to be the basis of a wrongful death claim, the person who committed the tort must have intended to injure the victim. For example, if someone assaults another person and the victim dies due to the injuries sustained in the assault, the assailant can be held liable for wrongful death.
A wrongful death claim pursued on your behalf by Tyroler Leonard Injury Law is not a criminal case. Local prosecutors may well be pursuing a separate criminal case against the defendant. Our wrongful death suit and any criminal case which is underway remain entirely separate processes.
When our Lakeville wrongful death lawyers take on your case, we address only the civil aspect and pursue a financial award against the defendant and his or her insurance company. Rather than seeking jail time for the defendant, we pursue a financial award that helps you and your family with the expenses and financial setbacks related to losing your loved one.
Examples of Wrongful Death Cases
We’ll assist you, regardless of how a Lakeville wrongful death happens.
Sadly, the death of an innocent person due to third-party wrongdoing can happen to anyone. Isaac Tyroler and his team frequently witness the tragic aftermath of these preventable deaths. The most common examples of wrongful death cases handled by our Lakeville wrongful death lawyers include:
- Car accidents
- Defective products
- Slip and fall accidents
- Workplace accidents.
The type of accident behind the wrongful death will not affect our ability to seek a judgment in your case. We will gather the facts that show that the defendant created a negligent or reckless situation that led to the death for your loved one, regardless of the kind of accident that occurred. We appreciate the challenges you face in grieving for your loved one while also bringing a wrongful death lawsuit. Please trust that we will treat you with the compassion that you deserve, while vigorously defending your rights to seek compensation.
Who is Allowed to File a Wrongful Death Suit in Lakeville?
In most states, only certain family members can file a wrongful death suit, such as the deceased’s surviving spouse, children, or parents. The administrator of the deceased’s estate is also allowed to file a wrongful death suit on behalf of the estate’s beneficiaries. Other family members may be permitted to file a wrongful death lawsuit in some cases.
In Minnesota, the process of filing a wrongful death claim works similarly to how it is done in other states, according to Minnesota statute § 573.02, but it does have a few unique aspects to it.
Eligible family members will ask the court to allow a trustee to handle the case on the family’s behalf. This trustee would manage the legal action on behalf of the family. The family members can ask the court to name a certain person as a trustee, rather than having the court select the trustee. The trustee typically would be any family member, including:
- Surviving spouse
- Adopted or natural children
- Uncles or aunts
- Nieces or nephews
- Others (eligibility assessed on a case-by-case basis).
Additionally, Minnesota requires that all family members who are eligible to receive damages join in a single claim. Different parties cannot bring separate claims. If one family member refuses to agree to be part of the family’s sole wrongful death claim, that family member will have to sign paperwork agreeing to relinquish any claim to damages awarded.
How Much Money Can we Claim in our Wrongful Death Suit?
When a death occurs because of the recklessness of another person, the family can seek financial compensation for the deceased loved one, but it can be challenging to estimate the monetary value of such a case. Several factors must be considered when calculating damages, and each case is unique. One crucial factor is the relationship between the plaintiff and the deceased. If they were close relatives, such as a spouse or child, who depended on the deceased financially or for emotional support, the damages are likely to be significant.
Another consideration is the loss of future income the deceased could have earned. This includes wages and benefits and the value of services the deceased would have provided, such as childcare or household tasks. The plaintiff should also recover damages for funeral and burial expenses and the decedent’s pain and suffering after the fatal injuries occurred.
Consult with our wrongful death attorneys in Lakeville to receive a more accurate estimate of the damages that may be awarded in your case. Our team at Tyroler Leonard Injury Law will review the facts of your case and advise you on the best course of action.
Who can a Defendant Sue in a Wrongful Death Claim?
In some wrongful death claims, determining which party to sue is an easy process, as only one person is clearly responsible for causing the accident. In other cases, though, it can be challenging to determine which party or parties were negligent. Isaac Tyroler and our team of Minnesota wrongful death attorneys will determine exactly who is responsible for your loved one’s fatal accident and whether more than one party is responsible.
Occurrences Where a Single Party May be Liable in a Wrongful Death Claim
Auto accidents are among the most common situations where one party is solely responsible for your loved one’s death. When the other driver was speeding, texting, or driving recklessly, and that driver hits your loved one and causes a fatality, we likely will be bringing the wrongful death claim against that single person.
Or if another person attacked your loved one, leading to fatal injuries, that person likely will be the only person who is part of your wrongful death claim.
Occurrences Where more than one Party may be Liable in a Wrongful Death Claim
Sometimes, more than one entity or person may be responsible for creating the circumstances that led to your loved one’s death. Through our investigation of the case, we will work tirelessly to determine all the parties that should be part of the claim. Having more than one party may be important to ensure you receive the full amount you deserve, because one party’s insurance policy may have coverage limitations that don’t completely meet the judgment that we win for you.
For example, more than one party could be liable for your loved one’s death if a drunk driver hits your loved one, causing a fatal accident. We may be able to add the people who supplied the alcohol to the drunk driver as part of the claim, especially if a bar overserved the drunk driver or if the drunk driver is an underage minor and an adult bought the alcohol.
If a defective product caused your loved one’s death, it is possible that the product manufacturer will be part of the claim, along with the party who sold your loved one the product and anyone who explained to your loved one how they should use the product.
How are Wrongful Death Suits Settled?
This type of lawsuit seeks damages for the loss of the victim’s life. In most cases, these lawsuits are settled out of court, and the parties involved agree to a settlement amount through negotiations. This amount may include compensation for medical expenses, funeral and burial costs, loss of income, pain and suffering, and emotional distress.
However, sometimes a wrongful death lawsuit goes to trial. If the judge or jury rules in favor of the deceased’s family, they may receive damages. These damages can be substantial and can involve six- or seven-figure amounts.
The responsible party may also be ordered to pay punitive damages in some cases. These are meant to punish the at-fault party for their actions and to deter others from engaging in similar behavior. Punitive damages can be very high, but they are usually awarded only in cases where the defendant’s actions were particularly egregious.
Insurance Companies Typically are Part of the Process
Wrongful death settlements are typically paid out of the responsible party’s insurance policy. If the policy limits are insufficient to cover the damages, the responsible party may pay out of their own pocket.
In some cases, an individual, organization, or company may be held vicariously liable for the actions of one of its employees or agents. Even if the employee or agent is not insured, the company may still have to pay the settlement amount.
Our skilled wrongful death lawyers in Lakeville, MN, will help you navigate the complex system of wrongful death claims to ensure that you receive the compensation you may be entitled to.
What is the Process for Proving a Wrongful Death Claim?
How our Lakeville wrongful death attorneys can help
Proving a wrongful death is highly complex and time-consuming, which is why it’s crucial to have an experienced wrongful death attorney on your side. The first step to take in any wrongful death claim is to determine whether the death came about because of the negligence or recklessness of another party.
If so, the next step is to identify the surviving family members who are eligible to receive compensation under the law. When the findings show that it is appropriate, wrongful death lawyers in Lakeville, MN, will begin gathering evidence and building a solid case on your behalf.
We’ll Provide the Support you Need
Once you hire Tyroler Leonard Injury Law to take over your wrongful death claim, we will handle all the legal aspects of the case, allowing you and your family to focus on grieving and on trying to heal together.
First, we’ll contact and negotiate with the insurance company on your behalf. Next, we’ll investigate the circumstances of the case, building a set of facts that show why you and your family deserve the claim amount that we are seeking. Should we decide that negotiations are not working and that we need to take the case to court, we will begin preparation for the court case. We will stand by your side throughout the trial. Although we handle all these aspects of the case, we will always keep you informed, and together we will make all decisions about how to proceed.
Tyroler Leonard Injury Law Delivers the Compassion you Deserve
One of the toughest things about bringing a wrongful death claim – and one of the ways where we provide significant help – is giving you the support you need from start to finish. It can be tough to deal with your grief after losing a loved one, especially when reliving the accident and the raw emotions of the moment in which you learned about the fatality.
We know that winning a judgment in a wrongful death lawsuit cannot bring your loved one back. Our goal is to help you deal with the financial hardships you are facing after losing your loved one, especially if he or she was a breadwinner for the family. Your loved one would not want you to lose your financial dreams of home ownership, early retirement, or paying for college for your kids because of this accident. Our hope is that by winning a settlement for you in this case we can alleviate any financial burdens you are experiencing.
What Factors Should I Consider when Choosing a Lakeville Wrongful Death Attorney?
When hiring a Lakeville wrongful death lawyer, there are several important considerations to bear in mind. First and foremost, it’s essential that the attorney has the experience and resources to handle your case successfully and professionally.
Taking on cases within Lakeville, MN, our wrongful death attorneys have a proven track record of excellence pursuing such cases and achieving considerable settlements. We expertly prepare a full and convincing case, including preparing for negotiations with insurers and taking a suit to trial.
You can trust our wrongful death attorneys in Lakeville, MN, to always have your best interests in mind. Though we treat our clients with compassion and empathy, we fight hard when it comes to protecting their interests, particularly when the insurance company is treating them unfairly or disrespectfully.
We never back down from tough cases, and we don’t allow lawyers from big insurance companies to try to steamroll us or our clients. At Tyroler Leonard Injury Law, you will be represented by a professional and highly reputed Lakeville wrongful death lawyer. We will demand that the other side act professionally, too.
FAQs about Wrongful Death Cases
Our Lakeville wrongful death attorneys answer common questions
Wrongful death is a painful and emotional situation, which can throw up a whirlwind of questions. Below, we’ve tried to answer the most urgent and frequent questions we receive. Feel free to get in touch if you have further queries – we are here to help.
What are the Grounds for A Wrongful Death Claim?
Negligence is the main ground for complaint in a wrongful death claim – a failure to provide a reasonably safe environment or exercise due care or attention. However, wrongful death can also be claimed against an individual or individuals who involuntarily caused death during a deliberate assault – this is known as Intentional Tort. Tyroler Leonard Injury Law can clarify the likely eligibility of a suit during one of our free consultations.
Can I File a Wrongful Death Claim if the Person who Died was not my Loved One?
The closeness of the relationship between the claimant and victim in a case of wrongful death is an important factor. However, eligible parties can include caregivers, guardians, estate administrators and other parties who had a caring or supportive relationship with the deceased or their dependents.
For more information, see the above section “Who is Allowed to File a Wrongful Death Suit in Lakeville?” For more precise guidance, it’s important to consult with a wrongful death attorney.
What is the Statute of Limitations for Filing a Wrongful Death Claim?
In most cases within Minnesota, the statute of limitations is three years after the date of the deceased person’s death, and no later than six years following the event that caused the underlying injury which led to the individual’s eventual demise.
How Can I Afford a Lakeville Wrongful Death Attorney if I File a Wrongful Death Claim?
We take on wrongful death cases on a contingency basis, meaning that we won’t take a fee unless we win your case. This means that you ought to suffer no added financial burden due to engaging Tyroler Leonard Injury Law to present your suit. Your well-being is important to us during these difficult days.
We understand that, because we deal with the legal system daily, things that seem commonplace to us can be confusing for our clients. Once you hire us to represent you, trust that we will always be available to speak with you about your case. We return phone calls promptly, and we also can communicate with you by text, email, or social media. We want to make you feel as comfortable with this process as possible.
How Can our Lakeville Wrongful Death Attorneys Help You?
You may be wondering what your options are for seeking justice when you lose a loved one in an accident. One alternative is to file a wrongful death lawsuit against the person or entity responsible for your loved one’s death.
Our Lakeville wrongful death attorneys at Tyroler Leonard Injury Law will help you determine whether filing a lawsuit is the right course of action and will guide you through the process. Wrongful death lawsuits can be complex, so it is essential to have an experienced attorney on your side.
Our Lakeville wrongful death lawyers have years of experience helping families seek justice after a loved one’s death due to someone else’s negligence. We understand your pain and will fight aggressively for the compensation you deserve.
Contact us today about your wrongful death case in Lakeville. Count on us to be at your side every step of the way. We’ll explain the process of your case, keep you informed, and fight aggressively for all the compensation you deserve.
Call us today at 651-259-1113. Our wrongful death attorneys in Lakeville, MN, are on standby to assist with your wrongful death claim now.