Bringing A Wrongful Death Claim In Minnesota
Losing a loved one due to someone else’s actions or negligence is a profound and painful experience. In Minnesota, the law allows for family members or appointed trustees to seek justice and compensation through a wrongful death claim. With this kind of legal action, you can try to secure financial relief and closure for your loss while covering expenses like burial costs, lost income and loss of retirement contributions.
Attorney Francis Stephens at Stephens Law P.A. helps families navigate the complexities of wrongful death claims with compassion and commitment. Mr. Stephens and his team understand the intricacies of Minnesota law and work tirelessly to ensure that clients’ rights are protected and their cases are presented strongly.
What To Expect From A Wrongful Death Claim Process
The first step in bringing a wrongful death claim is determining eligibility. Minnesota law stipulates that such claims must be filed by a trustee representing the immediate family or next of kin. Mr. Stephens can act on your behalf to establish your viability as a qualifying party who can file a wrongful death claim.
After filing a claim, he will help build your claim by gathering evidence on your behalf. A thorough investigation will collect medical records, eyewitness statements, and expert testimonies that help prove your claim that the wrongful death your loved one experienced was the result of reckless or negligent actions. This meticulous preparation is essential for proving fault and establishing the full impact of the loss on the family.
Exploring Resolution Methods
Many wrongful death claims are resolved through negotiations before reaching the courtroom, but litigation may be the necessary option for you. At Stephens Law P.A., Mr. Stephens leverages his negotiation skills to secure a fair settlement that covers all aspects of the loss.
If he cannot find an agreeable solution through negotiation, he will prepare to fight for you through litigation. No matter what course of action is right for you, his goal is to ensure that clients receive the maximum compensation possible, reflecting both economic and noneconomic damages.
Answering Your Questions About Filing A Claim
Attorney Francis Stephens understands how confusing these legal matters can be, which is why he has taken the time to answer some common questions here:
Who can file a wrongful death claim in Minnesota?
A wrongful death claim must be filed by the “trustee,” who represents the interests of the next of kin. A trustee is someone who is related to the departed, including the spouse, child, parent or sibling of the victim. If there is no clear representative, a court can appoint someone. It is the job of the trustee to handle and disperse any compensation that comes from this claim in a way that supports the best interests of all beneficiaries.
What types of damages are recoverable in a wrongful death lawsuit in Minnesota?
Damages in a wrongful death lawsuit in Minnesota can be extensive, covering both economic and noneconomic losses. Common examples of economic damages that are recoverable in these claims include medical costs, lost income, loss of benefits, funeral/burial costs, cremation expenses and other costs that have a financial value to them. Noneconomic costs include pain and suffering, loss of companionship, emotional distress and loss of guidance and nurturing that the deceased would have provided.
How do I prove negligence in a wrongful death case in Minnesota?
Proving negligence involves demonstrating four key elements: duty, breach, causation and damages. Mr. Stephens will review the elements surrounding an incident to find any available evidence of negligence, including:
- The duty of safety owed toward the deceased
- Proof of a breach of this duty
- The link between this breach and the resulting death
- The financial and other consequences of the death
Gathering robust evidence through medical records, expert testimony and witness statements is crucial in substantiating these claims.
Start Your Wrongful Death Claim Today
If you believe you have grounds for a wrongful death claim, do not hesitate to contact Mr. Stephens and his dedicated team. Call today at 218-260-2562 or reach out online to schedule a free consultation. Let him help you seek justice for your loved one and secure the compensation you deserve to aid in your recovery and future security.