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Understanding Wrongful Death in Minnesota

by Nov 25, 2019Mike Miller, Personal Injury, Wrongful Death

The loss of a loved one is a devastating experience no matter the circumstances. Of course, no amount of money can replace your loved one, but you may be entitled to compensation if their death was caused by the wrongful conduct of another. A skilled Minnesota Personal Injury Lawyer can review your case and advise whether you should pursue a wrongful death lawsuit.

What is Wrongful Death?

Minnesota law defines “wrongful death” as a death caused by the wrongful acts or omissions of another. To prove a wrongful death claim, the following needs to be true:

  • The person or entity owed the victim a duty of care;
  • The person or entity breached this duty of care;
  • This breach of duty contributed to the victim’s death.

Examples of wrongful acts and omissions include:

  • A drunk driver who causes a death;
  • A workplace incident that resulted in a death because a particular area was unsafe or proper precautions were not taken;
  • A collision with a semi-truck that resulted in someone’s death because the driver wasn’t paying attention or was too tired to be operating a truck.

Who can file a Wrongful Death suit in Minnesota?

Eligible parties include the deceased’s spouse, children, and/or “next-of-kin.” Generally, next-of-kin includes parents, grandparents, and siblings, but may include others. To file a suit, an eligible party must be appointed as a trustee by the court and there are nuances as to the hierarchy of whom can be, or should be, listed, so you will want to work with an experienced Wrongful Death Attorney in bringing your claim.

What can I recover in a Wrongful Death lawsuit?

Damages available in a wrongful death claim include compensation for:

  • Loss of income;
  • Loss of services suffered by the surviving family as a result of the death;
  • Loss of society, companionship, care, and guidance;
  • Expenses for care and treatment of the deceased’s final injury or illness; and
  • Reasonable funeral expenses.

What time limits must I be aware of?

Generally, a wrongful death lawsuit must be filed within three years of the date your loved one passed away. There are exceptions to this deadline, however, that may shorten or extend the timeframe, making it important that you speak with a knowledgeable Wrongful Death Attorney about the specifics of your case.

Consult with a Minnesota Wrongful Death Attorney Today

If you have lost a loved one whose death may have been caused by the wrongful acts of another, you need the experienced guidance of a Minneapolis Wrongful Death Attorney. Call the dedicated attorneys at Sieben Edmunds Miller today at 651-994-6744.

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