Did Someone’s Negligent Action Cause Your Loved One’s Death?
Rely on the Skill and Experience of Our Oakdale Wrongful Death Lawyers
When the death of a loved one strikes, it can be challenging to know where to turn for help. If your loved one’s death occurred because of someone else’s negligence, you might be able to file a claim with the assistance of our Oakdale wrongful death lawyers.
Our lead attorneys, Isaac Tyroler and Rachel 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 financial fallout related to your loved one’s death and provide much-needed financial stability for your family.
Why Choose the Oakdale Wrongful Death Attorneys at Tyroler Leonard Injury Law?
When someone you love dies due to the negligence or recklessness of another, it can feel like your life is 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’s vital to seek the help of wrongful death attorneys in Oakdale, MN, who specialize in these types of cases.
At Tyroler Leonard Injury Law, our experienced Oakdale wrongful death lawyers know the ins and outs of the legal process and will help guide you through it. Our team will work around the clock to ensure you win full justice for your loss. We will be there to support you during this difficult time. Learn more about why clients choose us when they need legal representation. To learn more about what our satisfied clients have to say, you can read these client testimonials.
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.
Recoverable Damages in a Wrongful Death Claim
When the death of a loved one occurs due to 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
- Counsel, guidance, and aid that would have given; and
- 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. 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 in order 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 Oakdale for a successful start on your claim.
Main Components of a Wrongful Death Case in Oakdale, MN
Following are the specific components that facilitate a successful wrongful death claim in Oakdale, MN. Because the following elements are vital to being able to win a judgment against the defendant, trust that 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 help 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. If you can establish these elements, 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. Financial damages can include the following:
- Funeral and burial expenses
- Lost wages and benefits
- Medical expenses
- Loss of companionship
- Property damage.
Economic damages are part of a wrongful death claim. 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 an Oakdale 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 Oakdale 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.
Examples of Wrongful Death Cases
Regardless of How an Oakdale Wrongful Death Happens, We Can Help
Anyone can die due to another person or entity’s wrongful actions or negligence. Unfortunately, Isaac Tyroler and his team see the aftermath of these tragic and preventable deaths on a regular basis. The most common examples of wrongful death cases handled by our Oakdale 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 Is Allowed to File a Wrongful Death Suit in Oakdale, 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.
Monetary Value in a Wrongful Death Lawsuit
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 Oakdale 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 to Sue for a Wrongful Death Claim
Let Our Wrongful Death Lawyers in Oakdale, MN, Guide You in the Right Direction
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 are negligent. Trust that 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 One Party May Be Liable in the 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 the 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 spend the time required 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 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.
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 Oakdale, 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.
The Process of Proving a Wrongful Death Claim
How Our Oakdale 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 Oakdale, MN, will begin gathering evidence and building a solid case on your behalf.
We Give You the Support You Need
Once you hire us 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.
We will converse with and negotiate with the insurance company on your behalf. We will 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 the preparation for the trial. We will stand by your side throughout the trial as well. 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.
We Will Deliver 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 burden you are feeling.
What to Consider When Hiring Oakdale Wrongful Death Attorneys
There are many factors to consider when hiring an Oakdale 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 Oakdale, MN, have a trustworthy track record through winning multiple significant 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 Oakdale, MN, to always have your best interests in mind. Even though we treat you with compassion and understanding, 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 receive an Oakdale wrongful death lawyer who will act like a professional, and we will demand that the other side do the same.
FAQs about Wrongful Death Cases
Our Oakdale Wrongful Death Attorneys Answer Common Questions
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 a very difficult time for families. We try to ease the process by answering each and every question our clients have. Here, we listed some of the most common questions we receive, so you can have an understanding of how we handle these types of cases.
What are the grounds for a wrongful death claim?
There are many grounds on which a wrongful death claim is possible. Some of the most common ones include negligence, defective products, and medical malpractice. Each state has different statutes governing wrongful death claims, so it is crucial to speak with wrongful death attorneys in Oakdale, MN, to ensure that your claim is valid.
Can I file a wrongful death claim if the person who died was not my loved one?
You could file a wrongful death claim if you were closely related to the person who died. This could include spouses, children, or parents. Other relatives, such as grandparents or siblings, may also be able to file a claim in Minnesota. It is crucial to speak with our team to determine whether you are eligible to file a claim.
What is the statute of limitations for filing a wrongful death claim?
The statute of limitations for filing a wrongful death claim varies from state to state. Failure to file a claim within the allotted time leads to the loss of your right to recover damages.
In Minnesota, the statute of limitations for a wrongful death claim, in most cases, is six years. The six-year statute of limitations for personal injury lawsuits is part of Minnesota statute § 541.05. There are a few exceptions to this time frame, which our Oakdale wrongful death attorneys can explain to you.
Don’t delay. If you try to file your lawsuit after the statute of limitations deadline passes, the defendant is sure to ask the court to dismiss the case, and the court is very likely to do so.
How can I afford an Oakdale wrongful death attorney if I file a wrongful death claim?
Our wrongful death attorneys work on a contingency basis. Our attorney will receive a payment only if we win your case. We are confident in the experience and skill of our team. That’s why we don’t charge a fee unless we win.
We understand that, because we deal with the legal system on a daily basis, 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 Oakdale 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 Oakdale 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 Oakdale 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 Oakdale. 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.