Losing a parent is one of the most traumatic experiences imaginable, potentially even more so when that loss happens because of someone else’s negligence behind the wheel. While no legal action can undo what happened, Minnesota law does allow certain family members to pursue a wrongful death claim against the person responsible.
Determining your legal rights and options during this difficult time can help you make informed decisions about what comes next.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when someone dies due to another party’s conduct. For example, in the context of a fatal car accident, this could involve a driver who was drunk driving.
The purpose of a wrongful death lawsuit is to hold the at-fault party financially accountable for what they’ve done. It also allows surviving family members to seek compensation for the losses they’ve suffered as a result of their loved one’s death.
Importantly, since wrongful death lawsuits are civil claims, you can still win your case regardless of whether the at-fault party is found guilty in criminal court. This is because the burden of proof is lower in a civil claim.
Who Can File a Wrongful Death Lawsuit in Minnesota?
Minnesota law is specific about who has the right to bring a wrongful death claim. The deceased person’s surviving spouse or next of kin must petition the court to appoint a “trustee” who will then file the lawsuit and distribute any damages that are awarded.
This means that a family member cannot file the lawsuit directly unless they are appointed as the trustee. However, the damages awarded in the lawsuit will generally be distributed amongst the deceased’s immediate loved ones.
What Kinds of Damages Are Available in a Wrongful Death Lawsuit?
Wrongful death damages in Minnesota can cover a broad range of losses. These may include:
- Funeral and burial expenses
- Expenses required to treat the deceased person’s final injury
- Loss of guidance, companionship, and comfort
- Loss of income and benefits that the deceased would have provided their family with
- Loss of the deceased’s protection, assistance, and care
However, note that Minnesota also allows for survival actions, which are distinct from wrongful death claims but may be filed at the same time. These actions can allow for the recovery of additional damages, such as the pain and suffering that the deceased experienced before their passing.
How Much Time Do I Have To File a Minnesota Wrongful Death Claim?
Minnesota imposes a strict statute of limitations on wrongful death claims. The amount of time you have to file your claim can vary depending on the facts and circumstances of your case. In any event, however, you must take action before the applicable time limit expires.
It’s best to contact a wrongful death lawyer as soon as you suspect that you may have a valid claim. Your attorney can ensure that your case is filed correctly and on time.
Contact the St. Cloud Wrongful Death Lawyers at Hall Law Personal Injury Attorneys for Help Today
At Hall Law Personal Injury Attorneys, our St. Cloud wrongful death lawyers help families understand their legal rights after a fatal car accident and pursue the compensation available under Minnesota law. If your parents were killed in a crash caused by someone else’s negligence, contact us today to schedule a free consultation and discuss your options.
For more information, please contact an experienced car accident lawyer at Hall Law Personal Injury Attorneys to schedule a free initial consultation today. We have three convenient locations in Minnesota, including Minneapolis, St. Cloud, and Edina.
We proudly serve Hennepin County, Stearns County, and its surrounding areas:
Hall Law Personal Injury Attorneys – Minneapolis
825 Nicollet Mall, Suite 615
Minneapolis, MN 55402
(800) 292-1979
Find us with our GeoCoordinates: 44.97514068188609, -93.27349979814521
Hall Law Personal Injury Attorneys – St. Cloud
1010 W St Germain St # 320
St Cloud, MN 56301
(320) 255-1000
Find us with our GeoCoordinates: 45.55903612908877, -94.16420517306956
Hall Law Personal Injury Attorneys – Edina
5200 Willson Rd #203
Edina, MN 55424
(952) 697-5560
Find us with our GeoCoordinates: 44.90963991439301, -93.34937342327198
