Did Someone’s Negligent Action Cause Your Loved One’s Death?
Rely on the Skill and Experience of Our Woodbury 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 Woodbury 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.
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 the deceased 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 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 Woodbury for a successful start on your claim.
Examples of Wrongful Death Cases
Regardless of How a Woodbury Wrongful Death Happens, We Can Help
Unfortunately, our team sees the aftermath of tragic and preventable deaths on a regular basis, and they can arise from many acts of negligence in Woodbury:
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. 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 Woodbury, 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.
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 Woodbury, 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.
FAQs about Wrongful Death Cases
Our Woodbury Wrongful Death Attorneys Answer Common Questions
We understand the difficult times that follow the loss of a beloved family member. That is why when our clients hire us, we are ready and able to take on the legal tasks involved and answer all of our clients’ questions with the utmost respect and compassion. We will work through the process together.
Below are answers to some of the questions we are most frequently asked. We will be glad to meet with you to answer others that are specific to your situation.
How do I know if I have a wrongful death claim?
The first thing we look for is negligence or the intent to injure or hurt another person. This may have been present in many types of situations:
- Injury from using a defective product
- Negligence from another’s actions
- Vehicle accidents.
Can I file a claim if it is my best friend who died in the accident?
Only people who are closely related to the individual who died can file a wrongful death claim — for example, parents, spouses, or children. According to the laws in Minnesota, siblings and grandparents also have the right to file a lawsuit, but this is not the case in all states.
What does the statute of limitations say about wrongful death in Minnesota?
Every state has different laws regarding the time frame for wrongful death lawsuit filing. For Minnesota, that time frame is six years to file. It gives the family plenty of time to figure out what happened and come to terms with their loved one gone. There are exceptions to the rule, but Woodbury wrongful death attorneys can help you file accordingly. If you miss the deadline, however, your claim can be dismissed and you will not receive any compensation.
Do I have to pay the Woodbury wrongful death attorney upfront?
No. Our wrongful death attorneys in Woodbury, MN, accept cases on a contingency basis. This means the attorney gets paid only if the case is won and compensation is awarded. A percentage is taken out at the time of payment to cover the attorney fees. If the case is lost, the client does not owe anything to the lawyer.
We understand that legal issues that are familiar to us can be confusing to others. The legal system changes constantly, and we keep up with the laws of Minnesota concerning wrongful death cases. You will find we handle everything professionally and will keep you updated on what is happening with your case.
Communication is the key, and we will return your calls, emails, and texts and even respond to you through social media. We aim to keep you as comfortable as possible because you deserve that respect, especially after a tragic loss.
How Can Our Woodbury Wrongful Death Attorneys Help You?
Our Woodbury wrongful death attorneys at Tyroler Leonard Injury Law have years of experience and 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.
Contact us today about your wrongful death case in Woodbury. 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.