It’s an understatement to say that it’s hard to deal with the sudden and unexpected loss of a loved one. And facing that loss can be even more tragic when it was avoidable and brought about by someone else’s recklessness or negligence.
And in addition to the emotional and psychological toll this loss can take, those who lose a loved one can face very real financial consequences. They lose their loved one’s income and financial support, and they oftentimes have to incur expenses such as those tied to medical care prior to a loved one’s passing as well as funeral costs. All of this can be extraordinarily overwhelming.
Yet, relief may be available. If a loved one’s death was caused by negligence, then a wrongful death lawsuit may be warranted. But not just anyone can file one of these cases.
Who can file a wrongful death lawsuit in Minnesota?
Navigating a wrongful death lawsuit can be tricky, especially when you’re trying to cope with the loss of a loved one. And while a wrongful death claim may help, you need to understand who can bring forth one of these cases before you take action.
Pursuant to Minnesota law, surviving relatives of a deceased individual can pursue a wrongful death claim. This includes a spouse, children, parents, grandparents and even siblings. However, there is a nuance here. The actual language of the law says that a spouse or next of kin can petition the court to appoint a trustee to bring a lawsuit on the deceased relative’s behalf. The trustee may wind up being a family member, but it doesn’t necessarily have to be. The law only requires that this person be suitable and competent.
What can be recovered from a wrongful death lawsuit
When a wrongful death claim is brought, damages that your loved one would’ve been able to recover had they survived and filed a claim themselves are recoverable. But so, too, are other damages that you’ve suffered because of the death. Therefore, you may be able to recover compensation for the following:
- Medical expenses
- Lost income
- Pain and suffering
- Funeral expenses
- Burial expenses
- Lost care
- Lost support
- Lost companionship
You’ll need evidence to prove these losses, though, so it’s important that you keep detailed records related to the nature and extent of your loved one’s injuries that ultimately led to their death, as well as any expenses that were incurred as a result of your loved one’s passing. Keeping a journal of how your loved one’s death has impacted your daily living can also be powerful evidence for a judge and jury to consider.
How long do you have to file a wrongful death claim?
Generally, Minnesota law only gives you three years from the date of your loved one’s death to file your claim. There may be some circumstances that warrant an extension of that time, but you’ll want to be careful here, as missing the deadline will bar you from pursuing a claim and recovering the compensation that’s owed.
Do you have lingering questions about pursuing a wrongful death claim?
If so, then now is the time to seek out any answers that you need. After all, you should gather much information as possible to ensure that you’re able to competently navigate the process and present the most effective claim you can under the circumstances.
Only then can you rest assured that you’ve done everything you can to protect your and your loved one’s interests. We hope that by browsing our blog and the rest of our website that you’ll gather some additional information to give you the direction needed to get through this process.