Did your relative die due to the negligence or carelessness of another person?
Truth be told, no amount of money can ever truly make up for the loss of a dear one. Even so, if someone in your life dies in an accident caused by the negligence, carelessness, recklessness, or wanton actions of another person or entity, it is your right to file a wrongful death claim. A wrongful death lawsuit is a civil lawsuit that claims financial compensation for the impact the death has on the surviving family. Although the money will neither bring back the deceased nor make up for all the pain and agony, it will help ease the financial pressure on the bereaved family and provide them peace of mind.
Why Choose Maple Grove Wrongful Death Attorney
Wrongful death claims can be complex and confusing. Worse yet, they often come during challenging times when you are grieving.
At Tyroler Leonard Injury Law, we do not want to leave you to pick up the pieces on your own. Our highly qualified and experienced team of lawyers finds pride in helping our clients get maximum financial compensation for the pain and suffering incurred, medical and funeral expenses, and loss of future income and companionship, among other damages. We have the requisite knowledge, experience, and resources needed to pursue the maximum financial award and win the most challenging wrongful death trial.
Examples of Cases of Wrongful Death
It helps to understand that a wrongful death civil lawsuit is not a criminal prosecution that will result in a prison term and/or fine. It is a civil lawsuit, brought by an individual, not a prosecutor. Below we have listed some of the situations which can lead to a wrongful death lawsuit:
- Car accident
- Sporting accident
- Medical malpractice
- Violent crime
- Slip and fall accident
- Defective product
- Work Injuries and accidents
Regardless of the type of accident that claimed your loved one, our lawyers will work diligently to make a convincing case.
Components of a Wrongful Death Claim
The main component of any wrongful death claim is negligence. As with most other states, a wrongful death claim in Minnesota can be filed when ‘when death is caused by the wrongful act or omission of any person or corporation’. For example, when a driver kills a pedestrian while driving drunk, the family of the victim can file a wrongful death lawsuit against the negligent driver.
For wrongful death attorneys in Maple Grove, MN, to win your case, they will prove the following:
- The defendant owed the deceased a duty of care.
- The defendant breached that duty of care.
- The breach was the cause of death.
- The death caused the damages you are trying to seek compensation for.
Intentional torts can also be the basis of a wrongful death claim. Common intentional torts include assault, battery, and false imprisonment. In this situation, there must be proof that the defendant intended to injure the victim. For example, if the defendant assaulted the victim who then died as a result of the injuries sustained in the assault.
Who can Bring Forth a Wrongful Death Claim?
The following people are eligible to file a wrongful death lawsuit in Minnesota:
- Surviving spouse
- Aunt or uncle
- Niece or nephew
- Next of kin
- A trustee appointed by the court
Recovery of Damages
Damages caused by a wrongful death are compensated based on the monetary loss the family of the deceased has incurred as a result of the loss. The court will deduct expenses (such as funeral, medical bills, and other similar expenses) that are owed by or may have been paid by other parties. Then the court will determine the proportionate amount every beneficiary is entitled to and order distribution accordingly.
Let’s look at some of the recoverable damages:
- Medical expenses
- Cost of the funeral and burial
- Lost future income
- Pain, agony, and grief
- Counsel, guidance, and aid the deceased would have provided
- The companionship, care, and protection lost.
The state laws also allow wrongful death lawyers in Maple Grove, MN, to file a claim for punitive damages. Punitive charges are meant to punish the defendant for intentional and deliberate disregard for the law and rights and safety of others. According to Wisconsin statute § 895.043, punitive damages may be assessed up to $200,000.
If you are not sure if the wrongful death lawsuit you have in mind qualifies for a punitive damage claim, your Maple Grove wrongful death lawyer will be able to advise you based on the details of your individual circumstances.
Frequently Asked Questions (FAQs)
How are Wrongful Death Suits Paid?
While most wrongful death claims in Minnesota are settled out of court, a good proportion proceed to trial. And if the judge or jury rules in favor of the family of the deceased, the defendant will have to compensate the victim’s family for the damages. If the defendant had an insurance policy in place, the insurer will also have a keen interest. And if the defendant is held vicariously liable, the wrongful death settlements will be paid out of the responsible party’s insurance policy. If the cost of the damages is beyond the policy limits, the responsible party may have to cover the damages out of pocket.
Who Should You Sue for The Wrongful Death Claim?
Although identifying who to sue is simple and straightforward in some cases like road accidents, other scenarios make it difficult to determine who is liable for the negligence. Our Maple Grove wrongful death lawyers will scrutinize the facts of your loved one’s death to ensure that every responsible party is included as a defendant in your lawsuit. Call today and get the help you need.
Can More Than One Party Be Liable in The Wrongful Death Claim?
Absolutely, yes. For example, a drunk driver hits your loved one, causing a fatal accident while driving a company vehicle. Both the driver and his employer may be held liable in a wrongful death claim.
Contact our Maple Grove Wrongful Death Lawyers
Whenever you need legal representation or advice regarding the wrongful death of a loved one, contact the Maple Grove wrongful death lawyers at Tyroler Leonard Injury Law. We are happy to schedule a case evaluation to find out how we may be of assistance