Did Someone’s Negligent Action Cause Your Loved One’s Death?
Rely on the Skill and Experience of Our Stillwater 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 Stillwater 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 Stillwater Wrongful Death Attorneys at Tyroler Injury Law?
A sudden and unexpected wrongful death, perhaps after a car crash, is probably the biggest challenge a family can face. A slow wrongful death, perhaps one related to medical negligence, is a very close second. In both cases, the financial support, and more importantly the emotional support, provided by the person is gone overnight.
Making matters worse, insurance companies usually deny liability in these situations. Frequently, insurance company lawyers rely on obscure legal loopholes which seemingly have little or nothing to do with the injury.
Only a Stillwater wrongful death lawyer with the right combination of skills can help a family through such a difficult time. These skills include:
- Experience: Insurance company lawyers routinely handle wrongful death and other catastrophic injury claims. Your attorney needs the same amount of experience. Our team has successfully resolved many of these cases, usually without going to court.
- Dedication: At Tyroler Injury Law, dedication starts with compassion. Many of the people on our professional team have also endured wrongful deaths of dear ones. Our compassion motivates us to work extra hard in these cases to obtain the compensation these families need and deserve.
- Accessibility: Some lawyers build walls around themselves. When their clients ask questions, they normally must speak with less-experienced associates or non-lawyer paralegals. But at Tyroler Injury Law, our senior Stillwater wrongful death attorneys are always accessible.
Over the past ten years, our legal team has obtained more than $30,000,000 in settlements and verdicts for our clients. We work entirely on a contingency basis, meaning you do not pay any fees unless we recover money for you. So, you have nothing to lose when you reach out to us for a free case evaluation.
Recoverable Damages in a Wrongful Death Claim
No amount of money could begin to fill the void that a wrongful death creates. In fact, the idea that human life has a dollar amount is almost offensive.
However, no one can turn back the clock and bring back a friend or loved one. So, monetary damages are the only damages that a court can award. Moreover, survivors need this money to cover expenses such as:
- Final expenses, like funeral and burial costs
- Lost future emotional support
- Decedent’s final medical bills
- Lost future financial aid
- Decedent’s pain and suffering.
Quite simply, wrongful death survivors need money to put their shattered lives back together. This money shouldn’t come from their own pockets.
Additional punitive damages are often available as well. A Stillwater wrongful death lawyer can obtain these damages if there is clear and convincing evidence that the tortfeasor intentionally disregarded a known risk.
Punitive damages deter future misconduct. In other words, they force negligent parties to change how they drive or do business and put the safety of other people first. In many ways, punitive damages ensure that other families need not endure the same thing.
Perhaps more importantly, the damages in a wrongful death claim help survivors put the incident behind them and move forward with their lives. That’s what the decedent would have wanted.
Main Components of a Wrongful Death Case in Stillwater, MN
Car crashes, falls, and unintentional poisonings, mostly drug overdoses, cause most of the wrongful deaths in Minnesota. These three things usually involve one of the three legal theories discussed below.
Ordinary negligence is basically a lack of ordinary care. Most people have a duty of reasonable care in most situations. If a breach of duty caused injury, the tortfeasor is liable for damages.
Driver error, mostly aggressive driving or operating a vehicle while impaired, causes most car crashes. Property hazards, like wet spots on floors, cause most falls. These things are all examples of negligence.
If the tortfeasor violated a safety statute and caused injury, the tortfeasor could be liable for damages as a matter of law, under the negligence per se rule.
Defective or Dangerous Products
Drug companies spend billions of dollars developing a new medicine or medical device and obtaining FDA approval. So, when these products go to market, the manufacturers want to sell as many items as possible.
Therefore, they often overlook safety issues like:
- Design Defects: All-metal hip implants are a good example of a design defect. The all-metal parts grind against each other. When that happens, they release tiny metal flakes into the body, causing metallosis, or metal poisoning.
- Manufacturing Defects: Some hip implants have manufacturing defects. They were well-designed, but to save money, the company may have used cheap imported metal parts that had high concentrations of dangerous heavy metals. Once again, metallosis is the result.
Generally, manufacturers are strictly liable for any damages their defective products cause. There’s no need for a Stillwater wrongful death lawyer to prove negligence in these situations.
A dangerous product may have a solid design and be well manufactured but be either inherently dangerous, like a firearm, or lack manufacturer warnings about all known risks. Such claims could be strict liability claims or negligence claims, depending on the facts of the case.
Intentional Torts in a Stillwater Wrongful Death Case
The violent crime rate has increased significantly in Minnesota in recent years. Individuals are legally responsible for assaults. Property owners may be financially responsible for them. As mentioned, property owners have a duty of care to make their premises reasonably safe. That includes a responsibility to provide adequate security.
Examples of Wrongful Death Cases
Regardless of How a Stillwater Wrongful Death Happens, We Can Help
Anyone can die due to another person or entity’s wrongful actions or negligence. Unfortunately, Isaac Tyroler, Rachel Sperling Leonard, and their 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 Stillwater 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 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 Stillwater, 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 must relinquish, in writing, 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 Stillwater to receive a more accurate estimate of the damages that may be awarded in your case. Our team at Tyroler 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 Stillwater, 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, Rachel Sperling Leonard, 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 generally bring 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 sue the people who supplied the alcohol to the drunk driver, especially if a bar overserved the drunk driver or if the drunk driver is an underaged 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 Stillwater, MN, will help you navigate the complex system of wrongful death claims to ensure that you receive the compensation you may be entitled to.
The Process of Proving a Wrongful Death Claim
How Our Stillwater 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 Stillwater, 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 Stillwater Wrongful Death Attorneys
There are many factors to consider when hiring a Stillwater 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 Stillwater, 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 Stillwater, 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 Injury Law, you will receive a Stillwater 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 Stillwater 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 have 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 Stillwater, 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 two years. The two-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 Stillwater 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 a Stillwater 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 Stillwater 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 Stillwater wrongful death attorneys at Tyroler 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 Stillwater 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 Stillwater. 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.