Hibbing Wrongful Death Lawyers

A: The Minnesota law defines wrongful death as any death “caused by the wrongful act or omission of any person or corporation.” If the person who died could have brought a personal injury case against the responsible party had they lived, their surviving family members or executor can bring a wrongful death charge for them.

In Minnesota, anyone who believes they and their loved ones are victims of wrongful death can bring a claim against the responsible party, the defendant, within the given statute of limitations. If the deceased begins a claim before they die, their family members can carry it to completion. All benefits arising from such a claim will go to the deceased next of kin (surviving spouse, children, parents, etc.).

A: In Minnesota, some complicated rules determine who can bring a wrongful death claim. The basic rule is that the person bringing a claim must be the “next of kin.” This rule leads to a hierarchical structure in which certain family members can only bring suit if nearer kin did not bring a suit first.

In most cases, the people who can bring a suit include:

1. The spouse of the deceased.
2. The children of the deceased.
3. The parents of the deceased.
4. The siblings of the deceased.
5. The grandparents of the deceased.

If any of these parties do not want to bring the lawsuit themselves, they can appoint a trustee to bring the suit for them. However, all benefits and compensation gained from the suit are supposed to go to the family members affected by their loved one’s death.

A: You can earn compensation for economic and non-economic damages after a Minnesota wrongful death accident. Though no one can truly place a number on the worth of a person’s life, it is possible to estimate how much economic and personal suffering their family members will endure after their death.

Some damages you can claim after a wrongful death include:

• Funeral and other end-of-life expenses.
• Medical expenses for care offered to your loved one before their death.
• Loss of income that the deceased may have earned if they had lived.
• Loss of services from your loved one (this might include childcare, lawn care, or other similar benefits).
• Loss of financial and emotional support from your loved one.
• Loss of parental guidance for children of the deceased.
• Pain and suffering of your loved one.
• Emotional distress and trauma.

The total amount of damages you can recover depends on the circumstances of the claim and how you and your family have been affected by your loved one’s death. As you may be able to see, a young father and husband will leave his family with a greater need of compensation than an elderly widower with grown children. In addition, you may be able to claim some punitive damages if the responsible party was grossly negligent or willful in their actions.

To truly understand the damages you can claim, get in touch with a Hibbing wrongful death attorney who can explain the compensation process and how you can get the most from your claim. Contact Nicolet Law Accident & Injury Lawyers today.

A: To maintain that you have a wrongful death claim, you will need to provide evidence that the defendant acted negligently when they caused the wrongful death accident. You will need a lot of evidence to make an effective claim.

For example, you should have access to:

• Medical bills and records from your loved one’s last days.
• Funeral bills.
• Photo or video evidence from the accident scene.
• Documentation of lost wages and lost support from the deceased’s employer, bank, etc.
• Witness testimony from those who saw the accident.
• A police report, if one was filed at the accident.
• Expert witnesses in situations where the safety of equipment or the long-term effects of certain losses are in question.
• Written records of your suffering without your loved one’s support and companionship.
• Testimony from family members regarding your suffering.

Gathering all the evidence necessary for a successful claim can be challenging and stressful. One of the best things you can do is seek help from a wrongful death attorney who can show you what you need and help you gather it. Lawyers can act as your personal representative to gather evidence for you if it is going to be a challenge to get in touch with the proper providers.

A: The most common cause of wrongful death is a traffic accident. This might also include a bicycle or pedestrian accident if your loved one was on foot or a bike when a car hit them.

However, there are other causes of wrongful death accidents, including:

• Workplace accidents, especially at workplaces like construction sites where workplace hazards constantly surround workers.
• Slip and fall accidents where a fall leads to serious internal or head injuries and death.
• Defective product accidents where the defective product causes death.

Over 360 deaths occur in Minnesota traffic accidents each year, by the latest data from the Minnesota Department of Public Safety. And the Bureau of Labor Statistics reports that around 80 workplace accidents resulted in deaths in Minnesota by the most recent statistics.

Most workplace accidents occur in transportation or slips, trips, and falls. A majority of crashes resulted from unknown reasons or alcohol impairment, which means that most fatalities due to traffic accidents and workplace accidents in Minnesota were wrongful deaths that should never have occurred.

A: When it comes to wrongful death claims, it is possible that the responsible party was not only acting negligently but also acting willfully. If this is true, the person might also be held criminally responsible for your loved one’s death.

However, a criminal case is much different from a civil case. A civil case is designed to help individuals negotiate claims against each other when wronged on an individual level. Criminal cases are designed to allow the state to bring a criminal charge against an individual who has wronged both another person and the state at large.

Prosecutors pursue justice in the criminal justice system. Individuals pursue justice through civil cases. If you believe that the person responsible for your loved one’s death acted criminally, you cannot do much else except act as a witness if called. Your job is to focus on pursuing your civil justice with help from your lawyer.

A: There are multiple steps to any wrongful death claim. Technically, this type of case usually falls under a personal injury claim, so you will have to pursue the case according to the personal injury claim rules.

Here are the typical steps in a wrongful death claim in Minnesota:

1. Call a wrongful death lawyer. On the call, the attorney will listen to your situation and help you decide whether or not you should pursue a claim.
2. Meet with one or more lawyers to discuss your claim. At this point, you should decide what lawyer you want to work with and sign the paperwork to get the legal process started.
3. Gather evidence. You and your lawyer will reach out to doctors, hospitals, police departments, eyewitnesses, and any others who might provide important evidence. You will need to gather all records and documentation about what you have lost in your loved one’s death.
4. File a complaint. With help from your attorney, you will put together a complaint detailing everything you have suffered and lost in your case. This complaint will go out to the responsible party (defendant) and/or their insurance company and ask for compensation.
5. Receive a response. The defendant will respond, either denying your complaint or accepting the charges you’ve laid on them and making a settlement offer.
6. Gather further evidence. Personal injury attorneys usually gather a few more kinds of evidence after negotiations begin. This evidence includes paperwork from the defendant’s attorneys, interrogatories (written questionnaires filled out by all involved parties), and depositions. Depositions are much like the verbal statements you would make under questioning in court, but they are completed in private with only attorneys present.
7. Engage in negotiations. The defendant will send you a settlement offer via your lawyer. You and your lawyer can discuss the offer, and you then decide whether you want to accept it or ask for a higher offer. This process will repeat until you reach a settlement amount favorable to both sides.
8. Go to court. If you cannot reach a favorable settlement, you will have to go to court with your claim. There, your case will be tried before a judge and jury, and they will determine how much you should get in the final settlement.
9. Provide witness. As one of the primary parties in your claim, you will probably be asked to make a statement and answer some questions about your case. In addition, your lawyers will be presenting all their evidence and questioning other witnesses to make a strong claim.
10. Receive your compensation. After the judge and jury determine your case is legitimate and you deserve compensation, they will assign you whatever amount they see fit. Your lawyer will see that you receive it as soon as possible so you can move on with your life.

As you can see, the process of a wrongful death claim is not an easy one. It could take months or even years to complete. If you believe you have a legitimate claim, get in touch with a lawyer as soon as possible to get the process started.

A: The law does not require you to hire a lawyer. So, why should you get one? There are many reasons you need a lawyer, but the main one is that cases tried with lawyers end in much higher settlements than those tried without lawyers. If you want to see justice done for you and your family, a lawyer can be invaluable in that process.

In addition, lawyers can help you gather the evidence you need, determine the appropriate settlement amount, and find support during the recovery process.