Attorneys Robert, David and James Cody

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FAQs about filing a wrongful death suit

On Behalf of | Oct 23, 2024 | Wrongful Death |

Losing a loved one due to someone else’s actions can be devastating. In Minnesota, filing a wrongful death lawsuit might help bring a sense of justice and provide financial support to the family. It is helpful to understand some frequently asked questions about wrongful death suits.

What is a wrongful death lawsuit?

A wrongful death lawsuit is a legal claim filed when someone’s death is caused by another person or entity’s negligence, misconduct, or wrongful act. The purpose is to seek compensation for the losses suffered by the surviving family members.

Who can file a wrongful death lawsuit?

In Minnesota, the surviving spouse, children, parents, grandparents, or siblings can request the court to appoint a trustee to file a wrongful death lawsuit. The court-appointed trustee represents the family and ensures the legal process moves forward.

What damages are available in a wrongful death suit?

A wrongful death suit can provide compensation for a variety of losses, including medical expenses, funeral and burial costs, loss of companionship, and the income the deceased would have provided. The court may also award damages for the emotional pain and suffering experienced by the surviving family members.

How long do you have to file a wrongful death lawsuit?

The time limit, known as the statute of limitations, for filing a wrongful death lawsuit in Minnesota is three years from the date of death. If the lawsuit is not filed within this time frame, the family may lose the right to seek compensation. Acting promptly is crucial to protect your rights.

What must you prove in a wrongful death case?

To succeed in a wrongful death case, you must prove that the death resulted from the defendant’s negligence or wrongful act. This involves showing that the defendant had a duty of care to the deceased, that they failed in this duty, and that this failure caused the death. Collecting evidence and witness statements can help build a strong case.

Can you settle a wrongful death claim out of court?

Many wrongful death cases settle out of court through negotiations. Settling can save time and provide a quicker resolution for the family, but the decision to settle depends on the specifics of the case and what the family feels is fair.

Filing a wrongful death suit involves understanding many different factors. By being informed about the process, you can better navigate this challenging time and work toward seeking justice for your loved one.

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