Mendota Heights Wrongful Death Lawyer
A Mendota Heights Wrongful Death Attorney Can Fight for Your Rights
When someone you love dies due to the negligence or recklessness of another, it can feel like your life has turned upside down. Not only emotionally from grief, but you may also be struggling to find your footing financially. Facing a wrongful death lawsuit on your own can seem daunting, so it is vital to seek the help of a Mendota Heights wrongful death lawyer who specializes in these types of cases.
Our lead attorneys, Isaac Tyroler and Rachel Sperling Leonard, and their team understand that no amount of money can make up for losing a loved one. Still, a successful wrongful death claim may help you deal with the financial fallout related to your loved one’s death and provide much-needed financial stability for your family.
Why Choose Our Wrongful Death Attorneys in Mendota Heights, MN?
Choosing the right Mendota Heights, MN, wrongful death lawyer is one of the most important decisions you will make. All attorneys are not created equal. Some have more experience, skill, and determination than others. Attorneys Isaac Tyroler and Rachel Sperling Leonard are among the best and the brightest.
Isaac Tyroler is compassionate with clients and understands that many have been through traumatic experiences. At the same time, he is an aggressive negotiator and fierce litigator. He takes each case personally and is entirely focused on getting his clients the justice they deserve. He is not afraid to go toe-to-toe with insurance companies to negotiate a favorable settlement or litigate a case in front of a judge and jury when necessary. Mr. Tyroler has been practicing law for more than a decade and is admitted to the bar in Minnesota and Wisconsin as well as in U.S. District Court. He has received the Super Lawyers Rising Star Award multiple times and is a frequent speaker at legal seminars.
Rachel Sperling Leonard is a fourth-generation lawyer who began brainstorming case strategies as a child while sitting around the family dinner table. She specializes in personal injury and wrongful death cases, including car accidents, boating accidents, dog bites, and dog attacks. She also handles sexual assaults/abuse and other assault cases. Ms. Sperling Leonard is a fierce proponent of the rights of her clients and advocates passionately for both native English and Spanish speakers, as well as native speakers of many other languages.
Isaac and Rachel will fight tirelessly to achieve the best possible outcome for every client. To learn more about what their satisfied clients have to say, you can read these client testimonials.
How We Can Help
The skilled Mendota Heights wrongful death attorneys at Tyroler Leonard Injury Law can help you construct a powerful legal claim that increases your chances of a winning outcome. The following are the elements we handle when representing injured clients:
- Gather evidence about the fatal incident including police reports, surveillance video, electronic communications, photos, medical records, and other relevant materials
- Conduct an accident scene investigation
- Interview witnesses
- Assist in gathering employment verification and documenting lost wages
- Crafting and filing all necessary written documents with the court
- Hiring expert witnesses, if needed, including medical specialists, flooring experts, and accident scene reconstruction experts
- Negotiating aggressively with opposing counsel
- Arguing the case in court, if necessary.
Our team has obtained more than $30,000,000 in settlements and verdicts for clients over the past decade. We work entirely on a contingency basis, meaning you will not pay any fees unless we are able to recover money for you. We are happy to give advice to help you in any way we can.
Who Is Allowed to File a Wrongful Death Suit in Mendota Heights, MN?
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
Additionally, Minnesota requires that all family members who are eligible to receive damages join together in a single claim. Different people cannot bring individual claims. If one family member refuses to agree to be part of the family’s single wrongful death claim, that family member would have to sign paperwork agreeing to relinquish any claim to damages awarded in the case.
Damages in a Mendota Heights, MN, Wrongful Death Claim
When the death of a loved one is caused by the negligence or recklessness of another person, winning a wrongful death claim for the damages you suffered is possible.
These damages can include:
- Medical expenses
- Funeral and burial expenses
- Lost support and income
- The advice, comfort, assistance, companionship, and protection the person would have given.
You might also be able to recover punitive damages, which are meant to punish the defendant for their actions and send a warning to other would-be wrongdoers. 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 amount of 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 Mendota Heights wrongful death 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 Mendota Heights, MN, for a successful start to your claim.
Wrongful Death FAQs
When people hire us after losing a loved one in an accident, we completely understand that they have a lot of uncertainty and questions. We know this is an exceedingly challenging time for families. We try to ease the process by answering every question our clients have. Here, we have listed some of the most common questions we receive, so you can understand how the legal process works.
What is the statute of limitations for filing a wrongful death claim?
What are the grounds for a wrongful death claim?
How much does it cost to hire a Mendota Heights, MN, wrongful death lawyer?
Will the guilty party go to jail?
We understand that, because we deal with the legal system every day, 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.
Components in a Wrongful Death Case in Mendota Heights, MN
The following are some components that impact a successful wrongful death claim in Mendota Heights, MN. The team at Tyroler Leonard Injury Law will fully investigate your case to find evidence showing whether these elements exist.
Fault 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. If you can establish fault, you may be able to recover damages for the victim’s wrongful death.
- Financial Damages
Financial damages are the losses dependents suffered when their loved one died. Damages obtained through a civil lawsuit are separate from any possible criminal charges that might also arise from the victim’s death. These economic and non-economic damages are intended to compensate the victim’s family for the monetary loss they have suffered due to the victim’s death.
- Intentional Cause in a Mendota Heights, MN, 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.
Understand that when Tyroler Leonard Injury Law is helping you attempt to win an award related to the wrongful death of your loved one, we are not dealing with the criminal aspect of the case. If needed, local prosecutors will be bringing any criminal actions against the defendant. Our wrongful death case and any criminal case represent two separate legal actions.
When our Mendota Heights wrongful death lawyers are representing you, we address only the civil aspect of the case and pursue a financial award against the defendant and his or her insurance company. Rather than attempting to seek jail time for the defendant, we seek a financial award that helps you and your family with the expenses and financial setbacks related to losing your loved one.
If you have additional questions about the elements of your case, do not hesitate to call our Mendota Heights wrongful death lawyer at 651-259-1113.
Examples of Wrongful Death Cases
Anyone can die due to another person or business’s wrongful actions or negligence. Unfortunately, the team at Tyroler Leonard Injury Law sees the aftermath of these tragic and often preventable deaths on a regular basis. The most common examples of wrongful death cases handled by our Mendota Heights wrongful death lawyers include:
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 fatal accident for your loved one, regardless of the type of accident. We understand the challenges of grieving for your loved one while also bringing a wrongful death lawsuit. Trust that we will treat you with the compassion that you deserve, while vigorously defending your rights to seek compensation.
Who to Sue in a Wrongful Death Claim
In some wrongful death claims, determining which party to sue is an easy process. In other cases, it can be challenging to determine which party or parties are negligent. Our team of wrongful death attorneys in Mendota Heights, MN, will investigate and identify exactly who is responsible for your loved one’s fatal injury and whether more than one party is at fault.
One Person 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 driver and their insurance company.
Several Parties May Be Liable in a Wrongful Death Claim
Sometimes, more than one party may be responsible for creating the circumstances that led to your loved one’s death. Having more than one defendant may be important to ensure you receive the full amount you deserve, because one party’s insurance policy may have coverage limitations that do not 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 bar or restaurant that 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 retail business or distributor that sold your loved one the product.
Proving Negligence in a Wrongful Death Claim
In a Mendota Heights wrongful death lawsuit, your attorney will need to prove that the other party acted negligently when they caused the accident or encounter in which your loved one died. A defendant can be a person, a business, an insurance company, a hospital, a government entity, or any combination of these.
To prove negligence, your Mendota Heights wrongful death attorney will have to prove four elements in your lawsuit. These include:
The defendant owed the plaintiff a legal “duty of care” to ensure that an environment or location was safe.
A plaintiff must show that the defendant breached this duty by doing, or failing to do, something that a reasonable person would have done in a comparable situation.
A plaintiff must show that the defendant’s actions, or inaction, caused the injuries to another person.
Damages mean that there is a monetary way of compensating a plaintiff for their injuries and property damage.
Monetary Value of a Wrongful Death Claim
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 handling 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.
How Wrongful Death Suits Are 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 decedent’s family, they may receive damages. These damages can be substantial and can involve six- or seven-figure amounts.
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 Mendota Heights, MN, will help you navigate the complex system of wrongful death claims to ensure that you receive the compensation you may be entitled to receive.
What to Consider When Hiring Wrongful Death Attorneys in Mendota Heights, MN
There are many factors to consider when hiring a Mendota Heights wrongful death lawyer. Most importantly, the attorney must have the experience and resources to handle your case successfully and professionally.
Our wrongful death lawyers in Mendota Heights, MN, have a trustworthy track record of winning substantial settlements for our wrongful death clients. We understand exactly what goes into preparing for a wrongful death claim, including preparing for negotiations with the insurer and preparing for a trial.
Additionally, you can trust our wrongful death attorneys in Mendota Heights, MN, to always have your best interests in mind. We treat you with compassion and understanding, and we fight hard when it comes to protecting your interests when the insurance company is treating you unfairly or disrespectfully. We do not back down from tough cases, and we do not allow lawyers from big insurance companies to try to bully us or you. At Tyroler Leonard Injury Law, you will be represented by a Mendota Heights wrongful death lawyer who acts professionally, and we will demand that the other side do the same.
Contact Our Mendota Heights Wrongful Death Attorneys Today
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 Mendota Heights 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 wrongful death attorneys in Mendota Heights, MN, 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 for a free consultation. Count on us to be at your side every step of the way. We will explain the process of your case, keep you informed, and fight aggressively for all the compensation you deserve.