Magna Law Firm | Minnesota’s Wrongful Death Attorneys
If your loved one has died due to the negligence, wrongful act, or omission of another person, you have the right to seek compensation through legal representation. Surviving family members of a person who is killed because of the negligent actions of someone else have the right to file a wrongful death lawsuit in the state of Minnesota. Wrongful death actions can cover medical and funeral costs, loss of family income, and emotional distress resulting from the loss of a loved one.
There are several different ways in which a wrongful death can occur: motor vehicle accidents, medical malpractice, birth complications, and catastrophic injuries are some of the most common causes. One example would be someone being killed in a car collision by a drunk driver. In this case, the drunk driver was negligent because he made the decision to drive while intoxicated. These circumstances would justify a wrongful death claim.
As an experienced wrongful death law firm in Minneapolis, MN, The Magna Law Firm handles many different types of wrongful death claims. If your loved one has died because of the negligence or omission of any person or corporation, let our medical malpractice wrongful death attorney work on your behalf to obtain justice on behalf of your loved one
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Minneapolis Wrongful Death Lawyer
FREE CASE EVALUATION
Magna Law Firm | Minnesota’s Wrongful Death Attorneys
If your loved one has died due to the negligence, wrongful act, or omission of another person, you have the right to seek compensation through legal representation. Surviving family members of a person who is killed because of the negligent actions of someone else have the right to file a wrongful death lawsuit in the state of Minnesota. Wrongful death actions can cover medical and funeral costs, loss of family income, and emotional distress resulting from the loss of a loved one.
There are several different ways in which a wrongful death can occur: motor vehicle accidents, medical malpractice, birth complications, and catastrophic injuries are some of the most common causes. One example would be someone being killed in a car collision by a drunk driver. In this case, the drunk driver was negligent because he made the decision to drive while intoxicated. These circumstances would justify a wrongful death claim.
As an experienced wrongful death law firm in Minneapolis, MN, The Magna Law Firm handles many different types of wrongful death claims. If your loved one has died because of the negligence or omission of any person or corporation, let our medical malpractice wrongful death attorney work on your behalf to obtain justice on behalf of your loved one
What Is “Wrongful Death?”
A “wrongful death” occurs when the negligent behavior of a person or corporation results in the death of another person. Surviving family members may pursue a wrongful death lawsuit to seek compensation for their emotional distress, as well as the deceased person’s medical bills and the loss of family income their death creates.
Wrongful death claims can result from a number of negligent acts: birth injuries or complications, failure to diagnose cancer, motor vehicle accidents, slip and falls, medical malpractice, workplace injuries, construction accidents, nursing home abuse, and so forth. Civil lawsuits involving police brutality/excessive force, prison abuse, and violent hate crimes may also result in wrongful death litigation.
Wrongful death claims start with filing a lawsuit against the party, or parties believed to be liable. If the defendant carries insurance, their insurance company may bear financial responsibility in the lawsuit.
Wrongful death claims require wrongful death lawyers.
Wrongful death claims rarely succeed without the involvement of a qualified attorney; they can involve multiple lines of insurance, government, and corporate entities, and challenges related to liability and proving damages that require the skill of a legal expert. Call Magna Law Firm at 763-438-3032 now for a free consultation.
Understanding the Work of a Wrongful Death Lawyer
Your Minneapolis wrongful death lawyer is a specialized kind of personal injury attorney. Their work frequently involves suing on behalf of family members who lost loved ones. While wrongful death law may dovetail with other types of personal injury—motor vehicle accidents, medical malpractice, and so forth—wrongful death is its own kind of law.
Wrongful death lawsuits begin with a thorough investigation of the case. After your attorney has fully evaluated the circumstances surrounding your loved one’s death, they will then advise you about your case’s strengths, weaknesses, and potential for compensation. Once you have officially retained legal counsel, your wrongful death attorney handles all aspects of the wrongful death case, from investigation and discovery to communication and negotiation with the defense. Your lawyer may also represent you in court if a settlement cannot be reached.
Your Minneapolis wrongful death attorney acts as your legal advisor throughout the process of pursuing a settlement or a verdict. During the course of preparing your case, they will represent your case to the defense attorney, negotiate with any insurance companies involved, and advise you on your best course of action in light of new information.
Magna Law Firm is known for compassionate advocacy when you need it most. Call us today at (763) 438-3032 for a free case consultation.
Filing a Wrongful Death Lawsuit
How To File a Wrongful Death Claim in Minnesota
In Minnesota, only a surviving spouse or a blood relative may file a wrongful death claim. The claim must be filed within three years of the victim’s death. Surviving family members may be able to recover compensation from the defendant in a wrongful death claim. Possible damages that may be awarded include damages for funeral expenses, lost income, loss of anticipated financial support, loss of companionship, and emotional pain and suffering.
We highly recommend speaking with a personal injury attorney about your case. Call Magna Law Firm today at 763-438-30320 for a free consultation.
How to Prove Your Wrongful Death Case
Your wrongful death lawsuit must pass a threshold of viability; a wrongful death lawyer will determine if you have the need to file a suit based on the circumstances of the case. Competent legal counsel will be able to evaluate your case, determine its strengths and potential weaknesses, and set the case in motion through the Minnesota court system. All wrongful death cases must establish liability (who was at fault) as well as damages (what the plaintiff suffered as a result).
Read More: Minnesota Statute Sec. 573.02: Action For Death by Wrongful Act; Survival of Actions
The Statute of Limitations on a Wrongful Death Lawsuit
In Minnesota, the statute of limitations is typically three (3) years from the date of the fatal event (as per MN Statute 573.02). This means that a wrongful death claim must be made within three years, or it will not be considered viable in Minnesota courts. We highly recommend filing well before this threshold; the sooner you file, the easier it will be to pursue evidence that proves your case.
Frequently Asked Questions About Minnesota Wrongful Death Cases
While no two wrongful death lawsuits are exactly the same, several common factors may affect the duration of a lawsuit. These include things like disputed liability (who is at fault), proving damages, and ambiguity in corporate policies that may affect a company’s financial responsibility. The process of discovery—requesting, receiving, and analyzing information pertinent to your case—will also play a role in the duration of your lawsuit. Finally, should your wrongful death case go to court, the state court’s caseload will play a role in how long it takes to resolve your wrongful death case.
Our wrongful death attorney will make every effort to resolve your case with a full, fair, pretrial settlement. This prevents the need to go to trial and allows clients to return to their lives more quickly. However, if any of the above factors come into play, a full award may not be possible without going to trial.
Wrongful death lawsuits are won on four general principles:
- Establishing duty of care (that the defendant had an obligation to follow an accepted standard of behavior in protecting the wellbeing of the decedent);
- Demonstrating that the defendant failed to meet their duty of care;
- Proving causation (showing that the death occurred as a result of the defendant’s actions) and
- Assessing damages (current and future costs, both economic and noneconomic, incurred by the plaintiff as a result of the wrongful death action).
The specifics of your case will affect which of these components will be the focus of your case. An experienced Minneapolis wrongful death lawyer will be able to advise you on the best course of action for your situation. Call our Magna Law Firm to discuss your case: 763-438-3032.
Wrongful death settlements can vary widely based on the circumstances of the case. While many wrongful death settlements and verdicts are confidential, outcomes are estimated to fall between $500,000 and $1 million. Cases involving severe negligence, high-income earners, young dependents, punitive damages, and other considerations may result in multimillion-dollar outcomes.
Minnesota does not have a cap on wrongful death damages. The state has set no maximum amount for wrongful death lawsuits filed in the state.
In Minnesota, as per MN Statute Sec. 573.02, the money from a wrongful death lawsuit goes to the deceased person’s “surviving spouse and next of kin.” In most cases, this simply means their closest family members: children, parents, and/or siblings. The distribution of funds is based on the proportion of loss suffered due to the death; for example, a child who was living with the decedent would receive compensation that includes the loss of family income resulting from the person’s death.
The court will determine an appropriate disbursal of funds based on the circumstances of your case. This may include:
- The decedent’s surviving spouse
- The decedent’s children, stepchildren, and/or adopted children
- The decedent’s parents and or siblings
- The decedent’s nieces and/or nephews
- Any family member who was financially dependent on the decedent at the time of their death
Read More: Minnesota Statute Rule 144.01, Application for Appointment of Trustee
The value of a wrongful death claim can vary based on a number of factors, including:
- The deceased person’s age
- The deceased person’s earning capacity
- Medical expenses and funeral/burial costs
- Insurance coverage limits
- The number and age of the deceased person’s dependents
- The degree of liability (fault) assigned to the defendant(s), and
- The assessed value in terms of economic and non-economic damages.
The state of Minnesota does not put a cap on wrongful death verdicts. Juries are free to assess each case individually.
For more information about the factors affecting the value of a wrongful death claim in Minnesota, speak to one of our wrongful death lawyers at 763-438-3032.
No. As per IRS Rule 1.104-1, wrongful death awards are not taxable, regardless of whether they came through a settlement or a verdict. Because the IRS may only tax income, and wrongful death awards are not classified as such. There are limited exceptions to this rule; we recommend speaking to a wrongful death attorney, tax attorney, and/or CPA to advise.