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What Are the Steps for Filing a Wrongful Death Claim in Minneapolis, MN?

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What Are the Steps for Filing a Wrongful Death Claim in Minneapolis, MN?

Did you lose a loved one in an accident in Minneapolis, MN? A wrongful death claim may allow you to recover compensation for the financial and emotional losses you’ve experienced. 

Hall Law Personal Injury Lawyers can help you file and manage every aspect of your claim. We have the resources and experience to navigate the complexities of the legal system and fight for the justice your family deserves. Our attorneys are dedicated to providing compassionate guidance and aggressive representation throughout the entire process.

Let us help you get justice. Contact us today at (800) 292-1979 to schedule a free consultation with our Minneapolis wrongful death lawyers to learn more about your legal rights. 

Why Choose Hall Law Personal Injury Lawyers for Help With a Wrongful Death Case in Minneapolis, MN?

Why Choose Hall Law Personal Injury Lawyers for Help With a Wrongful Death Case in Minneapolis, MN?

If you plan to file a wrongful death claim in Minneapolis, Minnesota, you deserve legal representation that can take over the process and obtain financial and legal accountability for your loved one’s death. 

Families choose Hall Law Personal Injury Lawyers because:

  • Our attorneys have over 80 years of combined experience and have recovered over $90 million for injured clients. 
  • We have extensive experience handling wrongful death cases. 
  • We have been recognized by top legal organizations, such as Super Lawyers, The National Trial Lawyers, and Best Lawyers in America.
  • We provide personalized attention to every client and provide compassionate support that recognizes what you are going through. 

Call us today to schedule a free consultation to learn more from a Minneapolis personal injury lawyer. 

What Is a Wrongful Death Claim?

Under Minnesota law, a wrongful death claim arises when a person dies because of another party’s negligence, recklessness, or intentional misconduct. If the deceased could have filed a personal injury lawsuit had they survived, Minnesota law typically allows surviving family members to pursue a wrongful death claim.

Wrongful death cases can arise from many different types of incidents, including:

These claims hold at-fault parties civilly responsible for a death they’ve caused and provide compensation for funeral expenses, loss of companionship, and loss of support for the surviving family. 

Steps for Filing a Wrongful Death Case

Wrongful death claims in Minneapolis typically involve a multi-step process, including: 

Initial Investigation

Your wrongful death lawyer will conduct a detailed investigation into what happened. They will gather evidence of the cause of the accident, which may include:

  • Police or accident reports
  • Medical records
  • Photographs and video footage
  • Witness statements
  • Expert testimony
  • Employment and financial records of your loved one

During this stage, your legal team will also identify all potentially responsible parties. In many wrongful death cases, more than one party may share liability for the accident. 

Assess Your Damages

Once the investigation is underway, the next step is to evaluate the full extent of the losses suffered by surviving family members.

Your damages in a wrongful death and survival action may include:

  • Medical expenses incurred before your loved one’s death
  • Funeral and burial costs
  • Lost income and financial support the deceased would have provided
  • Loss of benefits and inheritance
  • Loss of companionship, care, and guidance
  • Emotional suffering experienced by surviving family members

Calculating these damages often requires sophisticated financial analysis and expert testimony. An experienced wrongful death attorney can work with economists and other professionals to estimate the long-term financial impact of the loss on your family. 

Send a Demand to the Insurance Company or Another Defendant

Once your attorney has gathered evidence of liability and your damages, they will typically prepare a demand package.

This demand outlines:

  • The facts of the case
  • The evidence demonstrating liability
  • The damages suffered by the family
  • The amount of compensation being requested

Your attorney will send the demand letter to the insurance company representing the at-fault party or directly to the defendant if insurance coverage is limited. This stage begins the negotiation process.

Negotiate a Fair Settlement

Many wrongful death cases are resolved through settlement negotiations before a lawsuit is filed. During negotiations, the insurance company may respond with counteroffers. Your attorney will review these offers and negotiate for compensation that reflects the full value of your claim.

If a fair settlement can be reached, the case may conclude without going to trial.

File a Claim in Court if a Settlement Cannot Be Reached

If the insurance company refuses to offer a fair settlement, the next step is filing a wrongful death lawsuit in court. In Minnesota, a wrongful death claim is typically brought by a court-appointed trustee on behalf of the surviving family members.

Once filed, the case enters the litigation process. This stage involves additional, time-intensive steps like: 

  • Discovery, where both sides exchange evidence
  • Depositions of witnesses and experts
  • Pre-trial motions
  • Jury selection
  • Trial, if necessary

Your case may still be resolved during the litigation process. Only a handful of claims proceed to trial. However, a trial may be necessary if the defendant undervalues your damages, continues to dispute fault, or blames your loved one for their death. 

Contact a Minneapolis Wrongful Death Lawyer for a Free Consultation Today

No legal action can undo the loss of a loved one. However, pursuing a wrongful death claim can help provide financial security and accountability after a tragedy that never should have happened. 

Hall Law Personal Injury Lawyers can handle all aspects of your wrongful death claim, from initial investigations all the way to taking court action. If you have lost a loved one due to negligence, contact Hall Law Personal Injury Lawyers today. We offer free consultations to discuss your legal options with a Minneapolis wrongful death attorney.

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