Losing a loved one is an extremely traumatic experience to endure. If someone’s negligence caused your family member’s passing in St. Cloud, Minnesota, state law gives you the right to seek justice through a wrongful death or survival action. Hall Law Personal Injury Attorneys is here to help as much as we can.
Our St. Cloud wrongful death lawyers have over 80 years of combined experience and have recovered more than $90 million for families throughout the State of Minnesota. If you hire us, we can fight to hold the responsible party fully liable and help your family recover the financial stability you need to move forward. Contact our law offices today at (320) 255-1000 to get started with your case. We offer a free initial consultation.
How Hall Law Personal Injury Attorneys Can Help After a Loved One’s Passing in St. Cloud, MN
When a loved one’s death results from a preventable accident, you deserve compassionate representation that will put your family’s needs first. Hall Law Personal Injury Attorneys is known for our commitment to our clients and results-driven advocacy. We’ve helped families throughout the area recover significant compensation and find closure during some of the most painful moments of their lives.
When you hire our St. Cloud personal injury lawyers, we will:
- Investigate the accident internally
- Identify all of the potentially liable parties
- Collect and preserve vital evidence
- Work with medical, economic, and forensic experts to build your case
- Calculate the full value of your damages
- Negotiate with insurers on your behalf
- Take your case to court in Stearns County if necessary
Contact our wrongful death lawyers in St. Cloud today for more information. We can advise you on your best course of action during your free consultation.
What Is a Wrongful Death Claim in Minnesota?
Per Minnesota Statutes § 573.02, a wrongful death occurs when a person dies because of another’s wrongful act or omission. These claims can arise from a wide range of incidents, including car accidents, truck accidents, and more.
Only certain people can file a wrongful death claim. In Minnesota, the claim is brought by a trustee appointed by the court on behalf of the surviving spouse, children, parents, or other next of kin. The purpose of a wrongful death action is to compensate surviving family members for their losses, both financial and emotional.
Damages may include compensation for:
- Lost income and benefits the deceased would have provided
- Loss of companionship, care, and protection
- Emotional pain and suffering experienced by surviving family members
- Funeral and burial expenses
Unlike criminal cases, wrongful death lawsuits are civil actions. You can still file a wrongful death claim if the at-fault party is facing criminal charges, and you can win even if they are acquitted in criminal court. This is because the civil standard of proof (“preponderance of the evidence”) is lower than the criminal standard (“beyond a reasonable doubt”).
What Is a Survival Action in Minnesota?
A survival action is related but distinct from a wrongful death claim. It allows the deceased person’s estate to recover damages for losses the person suffered before their death, as if they had survived and brought a personal injury lawsuit.
These damages may include:
- Medical expenses incurred before death
- Pain and suffering experienced prior to death
- Lost wages between injury and death
- Property damage resulting from the accident
While a wrongful death claim compensates surviving family members, a survival action benefits the deceased’s estate and may ultimately pass to heirs according to the will or Minnesota intestacy laws.
What if My Loved One Is Being Blamed for the Accident?
It’s not unusual for insurance companies to try and shift the blame onto the deceased in wrongful death cases. They may argue that your loved one’s actions contributed to the accident in order to reduce their liability and protect their profits.
Minnesota follows a modified comparative fault law under which the total damages may be reduced if the deceased is found partly at fault. However, as long as your loved one was less than 51% responsible, your family can still recover compensation for your losses.
Our legal team can respond to any allegations of blame appropriately on your behalf, working to help you maintain the full value of your claim to the best of our ability.
Schedule a Free Consultation With Our St. Cloud Wrongful Death Lawyers
If you’ve lost a loved one due to someone else’s actions in St. Cloud, MN, Hall Law Personal Injury Attorneys can help you pursue justice through a wrongful death or survival action claim. We’ve recovered over $90 million for our clients to date and will force the responsible party to take your case seriously from the start.
Call our law offices today or contact us online to schedule your free consultation with a skilled St. Cloud wrongful death attorney. We work on contingency, which means we only receive attorney’s fees if we win compensation for you.