Grappling with a loss is never easy, particularly when you did not expect it or if it resulted from the negligence or misconduct of others. Wrongful death cases carry a weight of sadness, anger, and confusion. They can completely upend families, often leaving them emotionally ravaged and financially strained.
This is where Nicolet Law Accident & Injury Lawyers step in, staunchly advocating for victims and striving to secure the maximum compensation you deserve. Our Rochester wrongful death lawyers can navigate the complexities of the wrongful death claim while leaving you sufficient time to grieve and support your family.
Do not hesitate to call us for your free consultation.
Why Choose Us
Nicolet Law Accident & Injury Lawyers stand at the forefront of legal representation in wrongful death cases. We understand that no amount of money can fill the void left by your loved one. We, however, also believe that the court must hold responsible parties accountable. Our team of dedicated professionals strives to achieve the justice you and your lost loved ones deserve.
Nicolet Law Accident & Injury Lawyers have carved a unique place in the legal fraternity of Rochester. We built our firm's reputation on a solid foundation of trust, compassion, and relentless pursuit of justice. We have attorneys that have served the Rochester community for years, earning a name for ourselves as a reliable and competent ally for those navigating the complexities of wrongful death cases.
Our team of skilled legal professionals boasts an impressive track record in handling wrongful death cases. We pride ourselves on our ability to deliver results in the face of adversity, ensuring that our clients receive the compensation they deserve.
The team's reputation does not just stem from our dedication and individualized approach but also from the testimonials and case studies of our previous clients. We are proud of the major results we have achieved in wrongful death cases, fighting tirelessly for our clients' rights and securing them the compensation they deserve. We believe these success stories speak volumes about our capabilities and commitment, and we are ready to bring the same dedication to your case.
Furthermore, at Nicolet Law Accident & Injury Lawyers, we understand that each case is unique and treat them as such. Our lawyers invest time and resources to thoroughly understand the nuances of each wrongful death case.
This meticulous attention to detail allows us to devise the most effective legal strategies to meet your unique needs. Our unwavering commitment to our clients is a hallmark of our practice and the cornerstone of our success.
If you do not have an opportunity to come in person, our legal team can arrange a video conference for your convenience.
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Where Do Wrongful Deaths Take Place in Rochester?
Hundreds of people die on Minnesota roads every year. Many of these fatalities stem from the negligence of other drivers.
The most dangerous roads in Rochester intersect Highway 14. According to the Minnesota Department of Transportation, the intersection of Highway 14 and Olmsted County Road 3 has a fatal crash rate higher than the statewide average.
Not all motor vehicle accidents take place on streets—off-road crashes in UTVs and ATVs can take lives.
People can die while shopping from slips and falls at stores like Walmart. They can die from food poisoning at McDonald’s or Burger King. Negligent medical care at the Mayo Clinic or Olmsted Medical Center can result in wrongful death claims. Work and construction injuries claim lives, too.
Nicolet Law Accident & Injury Lawyers can help the families of the deceased with any of these claims.
Understanding Wrongful Death Claims in Minnesota
The loss of a loved one can break your heart, especially when the death results from someone else's negligence or ill intent. This is where the concept of wrongful death comes into play.
According to Minnesota Statutes § 573.02, wrongful death refers to a situation where a person dies due to a wrongful act or omission of any person or corporation. If the person would have lived, they could have filed a personal injury lawsuit based on these acts of negligence. Instead, their loved ones or representatives file a wrongful death lawsuit on their behalf.
Wrongful death incidents can include a wide array of circumstances, such as negligent driving causing a fatal accident, or a company's failure to ensure safe working conditions. The key element in such cases is that you must establish the negligence that directly led to the death. In such situations, the court can hold responsible parties accountable through a wrongful death claim.
A wrongful death claim seeks compensation for the financial and emotional toll of the loss, including medical costs, burial expenses, loss of income, and emotional distress.
Statute of Limitations
If you commence legal action against the party responsible for your loved one's death, do not wait too long. According to Minnesota Statutes § 573.02, the statute of limitations for a wrongful death claim is three years from the date of the death but not later than six years after the incident that caused the fatal injury.
Here is an example of how this statute works.
A person sustains fatal injuries in a car accident:
- If they died on the date of the car crash, you have three years to file a lawsuit.
- If they sustained a fatal injury but lived with it for a year after the incident, the clock starts the moment they die. Accordingly, you have four years from the crash to file a wrongful death lawsuit.
- If the fatal injury leads to death seven years after the incident, you cannot file a lawsuit anymore because the allowed six years passed.
If you file a claim after the statute of limitations expires, the court will dismiss the case. Some exceptions apply to the statute. Your attorney can guide you through them in case they apply to your case.
The major exception is murder. If someone murdered your loved one, the law sets no deadline for filing a wrongful death lawsuit.
The complex and nuanced wrongful death laws require you to work with a knowledgeable and experienced wrongful death lawyer. At Nicolet Law Accident & Injury Lawyers, we have a deep understanding of these laws and can guide clients through every step of the process, ensuring the protection of their rights.
Who Can File a Wrongful Death Claim in Rochester?
Not everyone related to the deceased qualifies to seek compensation, and the laws regarding this can vary from one jurisdiction to another. In Minnesota, the rules for determining who qualifies for filing a lawsuit differ from many other states.
The decedent's surviving spouse (or in the absence of a spouse, the next of kin) must ask the court to appoint a trustee. This person can file the wrongful death lawsuit and distribute the payout to everyone eligible for it. A surviving family member can serve as the trustee.
If you try to file a wrongful death claim without appointing the trustee first, the judge may dismiss the case immediately.
At Nicolet Law Accident & Injury Lawyers, we help our clients navigate these intricate rules and assist them in determining their eligibility to petition the court to appoint a trustee and file a wrongful death claim. We work tirelessly to ensure that those affected by a wrongful death can exercise their rights to seek justice and fair compensation.
Filing the Wrongful Death Claim: From A to Z
If you choose to work with an attorney, filing a wrongful death claim becomes their responsibility. You do not have to worry about the paperwork. An attorney takes you through the process and helps you make important decisions.
At Nicolet Law Accident & Injury Lawyers, we support our clients from the initial filing to the final settlement. Our first step is to thoroughly investigate the circumstances of the wrongful death, gathering all necessary evidence to build a strong case. Once we file the claim, we actively negotiate with the at-fault party's attorneys, leveraging our knowledge to obtain the most favorable settlement amount for our clients.
Not all cases settle outside of court, however, and if the need arises, our team is ready and equipped to represent our clients at trial. With our extensive courtroom experience and in-depth understanding of wrongful death laws in Minnesota, we fight relentlessly to uphold our clients' rights so they receive the justice they deserve.
Our experienced wrongful death attorneys stand by your side from the moment you choose to file a claim to the second you receive your settlement.
How Much Is My Case Worth?
A wrongful death claim provides financial relief to bereaved family members during a heart-wrenching and enormously challenging time.
In wrongful death cases, compensation typically covers medical and funeral costs, loss of the deceased's future earnings, loss of benefits such as pension or health insurance, loss of inheritance, and non-economic damages, such as pain and suffering, loss of companionship, and mental anguish.
The amount of compensation, however, can depend on the deceased's life expectancy, earnings, and health condition before the accident to the financial and emotional burden on the surviving family members.
Nicolet Law Accident & Injury Lawyers excel at navigating the complexities of these factors. We meticulously analyze every aspect of your case, ensuring that we account for all potential damages and that the compensation you receive accurately reflects your loss.
Our dedicated Rochester wrongful death lawyers evaluate your case's potential and come up with a figure. Once you know how much money you deserve, your legal team begins fighting for it in and out of court.
What to Do After a Wrongful Death Incident
When your loved one dies because of someone else's negligence, you may be too emotional and confused to take the right actions. Grief can take years to start subsiding. Waiting for the pain to stop could cause you to lose valuable time. Contact an attorney as soon as you can.
An attorney can set up a meeting at a time that is convenient for you. If you do not feel well enough to travel to downtown Rochester, you can ask for a video conference. Once you contact an attorney, you can discover your options and decide what to do next.
The wrongful death lawyer can take you through the necessary steps and explain how they plan to fight for the money you deserve. After that, they can assist you with collecting evidence, signing documents, and filing claims. An attorney supports you throughout the case and offers valuable advice while being sensitive to your emotional state.
Unaided, people in a delicate emotional state may make many errors in their case. Some of them result in immediate case dismissal. That is why you need an experienced attorney on your side to ensure the success of your claim.
Contact an Experienced Wrongful Death Lawyer in Rochester Today
Reaching out for legal help can often feel overwhelming, especially in a time of crisis. At Nicolet Law Accident & Injury Lawyers, we make it as simple and straightforward as possible for you. We encourage you to reach out to us for a free case evaluation at (507) 577-5411.
Our dedicated team of lawyers is ready to hear about your case, explain your legal options, and guide you on the best course of action.
We understand the urgency and seriousness of wrongful death cases. Because of this, we assure you of our unyielding dedication to fighting for justice for victims of wrongful death. At Nicolet Law Accident & Injury Lawyers, we are passionate about using our legal knowledge to advocate for your rights and help you navigate through this challenging time.