When a loved one passes away, families suffer an incalculable loss. If another person’s negligence caused your personal tragedy, you can seek compensation with help from our wrongful death lawyer in Maple Grove. While a settlement can’t truly compensate you for your bereavement, it might ease your practical burdens, giving you room to process your grief.
At Postman Law, we have recovered over $1.3 billion in compensation for our clients. Be informed about your legal options. Contact our personal injury lawyer in Maple Grove hoy.
Losses You May Be Compensated For in Wrongful Death Actions
A wrongful death claim seeks to address some of your family’s personal and financial losses after losing a loved one. Damages family members can seek in wrongful death cases include:
- Funeral and burial costs
- Loss of financial contributions
- Loss of services like childcare
- Loss of personal companionship and support
A survival action is a separate claim for damages the deceased person could have recovered had they survived. The money recovered through a survival action becomes part of the estate. Wrongful death damages are intended to compensate the surviving spouse and next of kin for losses caused by the death and are paid directly to beneficiaries.
For a free legal consultation with a Personal Injury lawyer serving Maple Grove, call 844-767-8626
Liability, Negligence and Wrongful Death Claims in Minnesota
A wrongful death lawsuit is a claim against a liable party. Liability is a legal responsibility to pay for harm caused to another. To hold someone liable, you must show that their negligence led to the death of your loved one. A negligent party:
- Had a duty of care towards others
- Failed to act as a reasonable person would have
- That failure caused the death
- The death led to damages to others
En Minn. Stat. § 604.01, contributory fault doesn’t prevent you from claiming damages. If your late family member’s fault was greater than the fault of the person or parties being sued, recovery can be barred. If they were partly at fault but you are still eligible to claim damages, contributory fault, measured as a percentage, is deducted from any settlement recovered.
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Postman Law Can Help When Liability is Disputed in Wrongful Death Cases
Liability is often disputed in wrongful death cases. The arguments defendants raise typically depend on the type of case and its individual circumstances.
For example, if a defective product caused a fatal accident, the parties might dispute whether the product was defective or whether the defect caused the death. In medical malpractice cases, medical providers might argue that their care met accepted professional standards.
Your Maple Grove wrongful death attorney will prepare for challenges. They will work to gather evidence to support your case so that they can present a strong argument supporting your right to compensation.
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Eligibility to Claim Compensation for Wrongful Death in Minnesota
In wrongful death lawsuits, settlements are intended for the surviving spouse and next of kin. Who can benefit from a claim depends on the deceased person’s family situation and Minnesota law.
Family members do not usually bring the wrongful death lawsuit themselves. Instead, a court appoints a trustee to bring the claim on behalf of those entitled to compensation.
How Long You Have to File a Wrongful Death Lawsuit
After losing someone close to you, filing a lawsuit might not be uppermost in your mind. However, investigating wrongful death cases takes time. Consider appointing an attorney as soon as possible. They will work to preserve time-sensitive evidence and use the time they need to prepare a case.
Deadlines for filing lawsuits are usually very specific. Per Minn. Stat. § 573.02, you generally have three years after your family member’s death to file a wrongful death lawsuit. Different rules apply in certain contexts, for example, medical malpractice lawsuits.
When a government entity is involved, you generally still have three years, but you are usually required to give formal notice that you plan to bring a claim much sooner. These cases have unique complexities, and getting help early on can benefit you.
How Compensation is Divided in Minnesota Wrongful Death Lawsuits
In a wrongful death lawsuit, the court-appointed trustee is usually a close family member or a professional representative. Their duty is to manage the claim and the distribution of settlement proceeds.
A court determines the proportion of the settlement each beneficiary should receive, and the trustee must file a formal distribution petition to demonstrate that the settlement will be distributed accordingly. The amount each person receives depends on their losses and relationship to the deceased.
This arrangement means that families file a single lawsuit. By allowing a court to decide how proceeds are divided, Minnesota law limits disputes about how a settlement should be distributed. Your attorney will explain how these rules apply to your family.
Courts Are Involved, But Minnesota Wrongful Death Cases Don’t Always End in Litigation
Minnesota’s wrongful death process differs from that in many other states. Although a court is involved from the start, the court-appointed trustee can seek compensation without necessarily filing a lawsuit.
- If your lawyer negotiates a reasonable settlement, you do not have to take the case to trial.
- If negotiations do not lead to a fair settlement, your lawyer can file a wrongful death lawsuit and pursue the claim in court.
- Regardless of whether you file a lawsuit, the court still has a role in approving how the settlement proceeds are distributed.
At Postman Law, we don’t make promises unless we can deliver, but we will focus on achieving the best case results that Minnesota law allows.
Discuss Your Case With Our Maple Grove Wrongful Death Lawyers So You Make Informed Decisions
Faced with the loss of a loved one, it’s understandable that you might not feel equal to handling claims or litigation. However, any compensation you recover might be important to your future financial security.
When you work with Postman Law, we will represent you and work to make the process as stress-free as possible. Find out more by talking to our wrongful death attorney in Maple Grove.