The loss of a loved one due to the negligent or careless actions of another party should not occur. However, the team at Hall Law P.A. understands that families need help when these tragic situations arise. Our St. Paul wrongful death lawyer is standing by to help your family get through this difficult time. We want to make sure that you and your family obtain the justice and closure you are entitled to for your loss. Let us help you secure your rightful compensation today.
Why Choose Hall Law P.A. for a Wrongful Death Claim?
- At Hall Law P.A., our team offers compassionate assistance to those who need help after losing a loved one. We want to make sure clients know they are cared for.
- We have a track record of success in recovering significant insurance settlements and jury verdicts on behalf of families throughout Minnesota.
- Our team understands the laws and processes surrounding complex wrongful death claims in St. Paul, and we will fully prepare to represent you every step of the way.
Understanding What Qualifies as a Wrongful Death
When we examine the statute in Minnesota, we can see that the law defines a viable wrongful death as a death “caused by the wrongful act or omission of any person or corporation” that would have led the victim to be able to file a personal injury lawsuit against the at-fault party, had they lived (Minn. Stat. § 573.02 (2021).
Since the deceased is no longer able to file a claim against the at-fault party, the wrongful death civil action is the route for surviving family members can take to hold the other party accountable.
Most Common Causes of Wrongful Death
There are various ways in which a St. Paul wrongful death claim can arise. These claims typically involve deaths caused by the negligent or intentional actions of others. Some of the most common ways these claims arise include:
- Car accidents
- Commercial truck accidents
- Motorcycle collisions
- Bicycle and pedestrian accidents
- Medical errors
- Workplace accidents
- Faulty products
- Premises liability incidents
This is not a complete list of the ways that wrongful death claims arise. We strongly encourage you or your loved ones to seek assistance from a skilled lawyer who has experience handling these claims. An attorney will offer clarity about whether or not you may have a viable civil wrongful death claim.
Who Can File for Wrongful Death in St. Paul?
Each state specifies which parties are allowed to file a wrongful death claim in civil court. Minnesota law allows the surviving family members or the deceased or the personal representative of the deceased’s estate to file the claim. Minnesota does have a caveat to this. In this state, the law specifies that the surviving spouse or next of kin petition the court to install a trustee who will both file the lawsuit and then oversee the distribution of damages if the claim is successful.
The trustee is the only one allowed to file the wrongful death claim in court. In general, the family members will select a person to act on their behalf to be the trustee. The first person who has the right to petition the court for a trustee is:
- The surviving spouse or the parents if the deceased was married with no children
- The surviving spouse or children if the deceased was married and had children
- Children of the deceased if the deceased was married with children
- Either parent of the deceased if the deceased was not married and had no children
- Surviving sibling if the deceased had no spouse, no children, and if their parents are deceased
Damages Available in a St. Paul Wrongful Death Claim
A successful wrongful death claim is one that compensates the surviving family members for the losses and harm they sustained due to the death of their loved one. Typically, we will see that the following types of damages are available:
- Costs related to funeral and burial expenses
- Economic damages related to the benefits they have lost due to the death (future income and earnings, pension, retirement benefits, etc.
- Loss of companionship damages that related to a multitude of items, such as a loss of comfort, assistance, guidance, and advice the deceased is no longer able to impart to their loved ones
- Loss of consortium damages related to a spouse’s loss of intimacy and love
In some cases, punitive damages may be available to the family of the deceased. These types of damages are reserved for situations where the actions of the at-fault party were found to be egregious in the eyes of the jury or court. These damages are meant to act as a punishment and a deterrent to future similar behavior.
There is no set amount of compensation available to wrongful death claims filers. There are various factors related to each particular claim that will result in the final settlement or jury verdict total. When you work with a skilled wrongful death lawyer in St. Paul, you will have an advocate who will diligently calculate total expected losses on your behalf.
Call a St. Paul Wrongful Death Lawyer Today
If you have lost a loved one due to the careless, negligent, or intentional actions of another individual or entity in St. Paul, the team at Hall Law P.A. is here to help. We have the resources necessary to investigate every aspect of your claim and help you secure justice and compensation for your loss. Do not put off filing for wrongful death – there are very specific and stringent deadlines in place concerning these claims. State law requires claims be filed within a certain amount of time after the death, and a failure to do so will likely result in the case being dismissed immediately.
We will not hesitate to take your case all the way to court if necessary. When you need a St. Paul wrongful death lawyer, please reach out to us for a free consultation of your case by completing our contact form or calling us at (800) 292-1979.