Who Can File a Wrongful Death Lawsuit in Minnesota?

What Is a Wrongful Death Lawsuit?

Losing someone you love is never easy. There’s a hole in your life that nothing else can fill. It’s a time to grieve and support the other survivors in your family, including parents, spouses, and children of the deceased victim. If you suspect that your loved one’s death was caused by the actions or negligence of another person, you might be able to file a wrongful death lawsuit. In order to explore this option, it is best to speak with a lawyer specializing in wrongful death cases.

A wrongful death case is designed to compensate the surviving family members of the loved one who died. The amount of damages can compensate for:

• Financial and other economic support the deceased would have provided.
• Loss of emotional support, companionship, and care.
• Cost of medical treatment before death.
• Cost of any burial expenses.

Wrongful death laws differ from state to state. In Minnesota, the court recognizes the loss of earnings and services around the home as well as the mental anguish and trauma the survivors experience.

Who Can File a Wrongful Death Claim?

In Minnesota, the surviving partner, children, parents, grandparents, and siblings of the deceased victims are able to file a wrongful death lawsuit. In some cases, the surviving members might not want to pursue the claim themselves, often due to a lack of time, the mental load that wrongful death lawsuits come with, or family responsibilities. In these cases, they can ask the court to appoint a “trustee” to handle the case in the family’s stead. The trustee would be responsible as though the case were their own, pursuing the wrongful death claim in court ensuring the proceeds are distributed according to law. If you feel that appointing a trustee is necessary, it is important to discuss the potential lawsuit with the person you choose before approaching a lawyer. Keeping surviving family members on the same page will make filing and working with your lawyer smoother and easier.

Are There Time Limits for a Minnesota Wrongful Death Claim?

According to the statute of limitations, any wrongful death claim in Minnesota must be filed within three years of the date of the victim’s death. If three years have passed, then the courts will likely refuse to hear the claim. However, extraordinary circumstances (such as a delayed murder conviction) may provide exceptions to the three-year deadline.

No matter your situation, working with a personal injury and wrongful death lawyer can strengthen your case. This is a difficult and emotional time for all parties involved. An experienced wrongful death lawyer will examine and represent your case carefully,  and will help you get the compensation you deserve.

For legal counsel for your set of facts, contact the attorneys at Sandberg Haddon LLC.

 

DISCLAIMER: This article is not intended for and should not be used as a replacement for legal advice.