WHO CAN FILE A WRONGFUL DEATH LAWSUIT IN MINNESOTA?
Losing someone you love as a result of another’s negligence is never easy. There’s a hole in your life that nothing else can fill. It’s a time to grieve and emotionally support the other survivors in your family, including parents, spouses, and children of the deceased victim.
However, if your loved one’s death is caused by the actions or negligence of another person in Rochester, Minnesota, you might be able to file a wrongful death lawsuit.
What Is A Wrongful Death Lawsuit?
Generally, the time limit on claims depends on the type of claim. Here are a few examples:
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 are different 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 may file a wrongful death lawsuit.
In some cases, the surviving members might not want to pursue the claim themselves. If this is the case, 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.
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 has passed, then the courts will likely refuse to hear it. However, extraordinary circumstances (such as a delayed murder conviction) may provide exceptions to the three-year deadline.
No matter your situation, working with a Rochester, MN 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 stand by your side and help you get the compensation you deserve.
Peter Sandberg is a personal injury and wrongful death attorney. He has settled millions-of-dollars’ worth of claims for Minnesota families. To learn how we can help you, call 507-282-3521 or contact usonline.