Did Someone’s Negligent Action Cause Your Loved One’s Death?
Rely on the Skill and Experience of Our White Bear Lake 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 White Bear Lake wrongful death lawyers.
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 financial fallout related to your loved one’s death and provide much-needed financial stability for your family.
Why Choose the White Bear Lake 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 has turned upside down, not only emotionally from grief. 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 White Bear Lake, MN, who specialize in these types of cases.
At Tyroler Leonard Injury Law, our experienced White Bear Lake wrongful death lawyers know the ins and outs of the legal process and help guide you through it. Our team works around the clock to ensure you win full justice for your loss. We are there to fully 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, it is possible to win a wrongful death claim for the damages you suffered.
These damages can include:
- Medical expenses
- Funeral and burial expenses
- Lost support and income
- Counsel, guidance, and aid that would have given
- 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 allows the victim’s family to collect these damages only 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 damages. 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 White Bear Lake for a successful start on your claim.
Main Components of a Wrongful Death Case in White Bear Lake, MN
Following are the specific components that facilitate a successful wrongful death claim in White Bear Lake, MN. Because the following elements are vital to being able to win a judgment against the defendant, trust the team at Tyroler Leonard Injury Law to fully investigate your case and 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 a White Bear Lake 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 White Bear Lake 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 a White Bear Lake Wrongful Death Happens, We Can Help
The unintentional death rate has gone up considerably since 1999. Most of these wrongful deaths involve one of the four categories below:
- Vehicle Collisions: Today’s vehicles are much safer, from a design and engineering standpoint, than they were twenty-five years ago. Nevertheless, the most advanced restraint system cannot possibly absorb all the force in a high-speed car crash. Even if victims survive, they normally sustain permanent injuries.
- Defective Products: Contrary to popular myth, watchdog agencies like the Food and Drug Administration do not have the power to force a recall of dangerous drugs, medical devices, and other products. Furthermore, FDA recalls do nothing to compensate the victims in these cases. Usually, manufacturers are strictly liable for the injuries their defective products cause. Moreover, these companies have a duty to effectively warn consumers about all possible dangerous side effects.
- Falls: These incidents are the leading cause of emergency room visits in Minnesota. These victims usually sustain severe physical injuries, like head injuries and broken bones. Emotional injuries, like Post Traumatic Stress Disorder, are common as well. The combination of these physical and emotional injuries is often fatal.
- Workplace Accidents: If a fall or car crash is work-related, victims are usually eligible for no-fault workers’ compensation benefits. These benefits replace lost wages and pay reasonably necessary medical bills. Other common workplace accidents include struck by and electrocution injuries. Occupational diseases, like hearing loss, are common as well.
Regardless of the nature of the wrongful death, our White Bear Lake wrongful death lawyers use the same approach. We evaluate your case, collect evidence that supports your claims and refutes defenses, and never stop fighting for you.
Who Is Allowed to File a Wrongful Death Suit in White Bear Lake, 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 relinquishes, 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 White Bear Lake 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 White Bear Lake, 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 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 White Bear Lake, 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 White Bear Lake 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 White Bear Lake, 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 White Bear Lake Wrongful Death Attorneys
There are many factors to consider when hiring a White Bear Lake 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 White Bear Lake, 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 White Bear Lake, 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 a White Bear Lake 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 White Bear Lake 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?
Negligence, or a lack of care, is the most common ground for a wrongful death claim. Driver error causes most car crashes and property owner irresponsibility, specifically the failure to address a known hazard, causes most falls.
Professional negligence, such as medical malpractice, causes many wrongful deaths as well. Doctors have a legal duty to put aside everything else and only do what’s best for their patients. Nothing, not even work-life balance or making money, can be a higher priority.
Our White Bear Lake wrongful death lawyers also handle dangerous product-related wrongful deaths. If a design or manufacturing defect caused the wrongful death, the product maker is generally strictly liable in court. Other product-related wrongful death claims involve a negligent failure to warn customers about known side effects or other such dangers.
Can I file a wrongful death claim if the person who died was not my loved one?
Usually, surviving family members have the right to file wrongful death claims, as outlined above. However, in some situations, the decedent’s personal representative, who often isn’t a family member, has this power. If the decedent’s will does not designate a personal representative, a judge usually appoints one. The sooner you speak with our White Bear Lake wrongful death lawyers, the sooner we start working for you. This work includes identifying the proper party to file formal legal paperwork.
What is the statute of limitations for filing a wrongful death claim?
Generally, the statute of limitations in a Minnesota wrongful death claim is two years. However, a White Bear Lake wrongful death lawyer generally needs more than a calendar and a calculator to determine the statute of limitations in a given case, because of the delayed discovery rule.
According to this legal doctrine, the statute of limitations clock does not start ticking until victims are fully aware of all their damages and they connect those damages with the tortfeasor’s (wrongful actor’s) conduct or misconduct.
Assume Wendy takes Drug X for six months in 2022. A manufacturing defect in Drug X caused Wendy to contract liver disease. A doctor diagnoses this condition in 2024. In 2026, Wendy happens to see a television program linking Drug X with liver disease. She probably has until 2028 (two years after she knew the full extent of her illness and connected that illness with the drug maker’s wrongful conduct) to file a claim for damages.
The statute of limitations protects plaintiffs and defendants. It encourages plaintiffs to act quickly, while their claims are easier to prove. Furthermore, the deadline prevents defendants from looking over their shoulders for the rest of their lives.
How can I afford a White Bear Lake wrongful death attorney if I file a wrongful death claim?
Wrongful death survivors don’t have to pay attorneys upfront. Instead of demanding a huge retainer and then charging high hourly rates, as most lawyers do, our Washington County wrongful death lawyers accept a small percentage of any final settlement. The exact percentage usually depends on the amount of time an attorney invests in a case.
This contingent fee arrangement usually also applies to expert witness fees, deposition fees, filing fees, and other litigation costs. At Tyroler Leonard Injury Law, we don’t want wrongful death survivors to be saddled with additional bills.
Generally, our clients also pay nothing upfront for medical care, vehicle replacement, and other accident-related services. We have professional partnerships with the best providers in these areas. These providers usually agree to defer billing until the case is resolved.
As a bonus, our White Bear Lake wrongful death lawyers often negotiate with these providers and convince them to lower their fees. These negotiations could mean that victims are able to keep more of their settlement money, thanks to Minnesota’s intricate collateral source rule.
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 White Bear Lake 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 White Bear Lake 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 White Bear Lake 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 White Bear Lake. 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.