Virginia, MN, Wrongful Death Lawyers
Assistance for Survivors in St. Louis & Carlton Counties
The death of a loved one is perhaps the most tragic and difficult of all life experiences. When a family member or next of kin dies from the negligent acts or faults of another, not only does the family experience extreme emotional hardship, but the loss is often accompanied by serious financial burdens.
The unexpected parting of the main wage-earner of the family adds monetary difficulties to an already devastating situation. Although we at Trenti Law know that nothing can replace your lost loved one, you can recover damages for the pain, suffering, and losses that are associated with the death. Minnesota wrongful death law has been established to compensate you for the injustice of losing your loved one in such an unexpected and cruel way.
Minnesota’s Wrongful Death Law
Minnesota’s wrongful death law is covered under Section 573.02 of the 2021 Minnesota Statutes. Under this law, a wrongful death is one that is “caused by the wrongful act or omission of any person or corporation.” It is based on the idea that the deceased, who died of the injuries sustained, would have had the right to file a personal injury claim if he or she had survived. These claims are based on negligence, carelessness, recklessness, or the deliberately malicious act of another party.
Any type of fault-based accident or incident may fall under this law, such as:
- Car accidents, truck accidents, motorcycle accidents, and any other traffic accidents
- Hit and runs
- Boating accidents
- Premises liability accidents, such as falls, swimming pool drownings, and dog bites
- Snowmobile accidents
- Medical malpractice
- Hospital and nursing home negligence or abuse
- Criminal attacks
- Product liability, such as deaths from defective products; these could include any faulty consumer product from pharmaceutical drugs to autos and auto parts and more
Who Can Bring a Wrongful Death Claim?
Under Minnesota’s law, the surviving spouse or next of kin of the deceased individual must petition the court to designate a trustee to file the wrongful death claim. This person will then be in charge of distributing any damages awarded to the family or the deceased person’s estate by the court through the claim. Damages are distributed according to each survivor’s relationship to the deceased. Thus, the surviving spouse will generally receive the largest portion.
Damages in a Wrongful Death Case
Damages that may be ordered in wrongful death cases can include those for funeral and burial expenses, medical expenses incurred by the deceased to treat his or her final injuries, loss of his or her services, protection, or assistance to the survivors, loss of the income and benefits he or she would have provided the survivors, and loss of his or her comfort, companionship, and emotional care to the survivors.
Protecting Your Rights
When taking action in a wrongful death case, it is critical to keep in mind that Minnesota law requires a claim to be made within three years of the negligent act. Any claims made beyond this deadline will be rejected. Whether you lost a loved one to a drunk driving accident, medical error, or another incident, you have the opportunity to collect damages only during this timeframe.
Though there is no way we can fully comprehend the suffering you have endured due to the loss of your loved one, we would like to do whatever is possible to provide some form of relief to you and your family. Our skilled trial lawyers at Trenti Law are experienced and capable in pursuing the justice you and your family deserve through a wrongful death claim.