Understanding Your Rights In Wrongful Death Claims

No one should experience the sudden loss of a loved one, especially when that loss is the result of reckless or negligent actions. Trying to find your way through a wrongful death claim and your own mourning process can leave you struggling to find the best outcome in both. With the guidance of a skilled wrongful death attorney, you can get the guidance you need through your wrongful death claim.

At Stephens Law P.A., attorney Francis Stephens can answer your questions about your wrongful death claim. He is committed to offering you support through your claim while providing you with valuable insights about what to expect from a wrongful death claim. As he represents you through your claim, he will also answer any questions about your claim throughout the process. To provide you with peace of mind in your case, he has taken the time to answer some common questions here:

What Compensation Can Be Claimed In A Wrongful Death Case?

In wrongful death cases, the types of compensation, or “damages,” that can be claimed are generally categorized into economic, noneconomic and sometimes punitive damages. Economic damages are costs and losses from the accident that have a measurable financial value attached to them. Common examples of these damages include medical expenses before the passing, funeral costs, and the loss of future earnings and benefits the deceased would have likely earned had they lived. This also extends to the loss of any potential inheritance and the value of the services the deceased would have provided, such as household duties.

Noneconomic damages are subjective and less quantifiable and are meant to provide some compensation for the emotional hardship and suffering a victim experiences. Typical examples of this form of damage include loss of companionship, affection, moral support and guidance. The impact of these losses is profound but varies significantly among individuals and relationships.

How Long Do I Have to File A Wrongful Death Lawsuit In Minnesota?

The statute of limitations for filing a wrongful death lawsuit in Minnesota is typically three years from the date of the deceased’s death. It may seem like a long time to be able to file a claim, but time can move quickly after losing a loved one, and it can be easy to miss this deadline while going through your mourning process and dealing with other issues related to the loss of your loved one.

It is possible to file a claim outside of these three years. One example would be if the death was the result of criminal activity, in which case the proper conditions could allow an extension to the statute of limitations. Another example includes filing a claim against the government or a government employee that requires following a different set of legal procedures, including preliminary notice requirements, before filing the lawsuit.

No matter the circumstances surrounding your loss, seeking the representation of a personal injury attorney as soon as possible can be one of the best decisions you can make after losing a loved one. A skilled lawyer can provide specific guidance based on the facts of your case, help preserve essential evidence, and ensure compliance with all legal deadlines and requirements.

What Are the Typical Outcomes Of Wrongful Death Claims In Duluth?

The outcomes of wrongful death claims in Duluth can vary and are influenced by many factors, including the specifics of the case, the quality of evidence, legal representation and the parties involved. Generally, these claims may result in a settlement or a court trial outcome.

Settlements are common in these cases, largely because they are often the desirable outcome for both sides. These outcomes are reached through negotiations, which avoid the uncertainty of a trial. Settlement negotiations allow both sides to try and reach a compensation value that both sides can be satisfied with. Through negotiations, a grieving family can receive the compensation they need sooner while also securing emotional closure. The value of these settlements depends on factors such as negotiated agreements between the parties, the insurance policy limits, and the economic and noneconomic impacts documented in the claim.

If the claim goes to trial, there is less certainty in the process. A judge or jury will review the evidence in these claims and determine the value of the compensation, if any. Trials can take months longer than negotiations to resolve, and the outcome of a trial is public, which may impact the decisions of either side in these claims.

How Do I Choose A Wrongful Death Attorney In Duluth?

Choosing the right wrongful death attorney in Duluth involves several key factors. When considering an attorney as your legal representation, look for direct experience in your specific claim, as you want to be sure your representation can manage the unique needs of a wrongful death claim. When first meeting with an attorney, ask them for a track record of similar cases to learn about their history of success in these cases. You can also gauge how well they communicate with you and if they feel like they are someone you can rely on in your claim.

Who Can File A Wrongful Death Lawsuit In Minnesota?

In Minnesota, a wrongful death lawsuit can be filed by the “trustee” who represents the next of kin of the deceased. The trustee might be appointed by the family or determined by the court if there is no clear representative. Typically, the immediate family members such as spouses, children, parents or siblings of the deceased are considered next of kin and are eligible to benefit from the lawsuit.

How Long Does A Wrongful Death Lawsuit Take?

The duration of a wrongful death case depends on several elements, including its complexity, the amount of evidence available, the parties’ cooperation during negotiations and the court system’s workload. In most cases, these claims can take several months or longer to resolve.

Get The Guidance You Need After Losing A Loved One

If you are grappling with the loss of a loved one and believe you may have grounds for a wrongful death claim, do not face this challenge alone. Contact a wrongful death attorney you can depend on by calling 218-260-2562 or reaching out online today.