Did you know that in 2020, there were over 200,000 unintentional injury deaths? Accidental injuries are the fourth leading cause of death in the US.
If your loved one died as a result of the negligence or wrongful act of another person, you may have a strong case for a wrongful death suit.
Read on to learn more about wrongful death lawsuits, what is considered a wrongful death, and whether you have the ability to file one or not.
What Is a Wrongful Death?
A wrongful death happens when a person is killed as the result of another person or entity’s negligence or misconduct. For example, if your employer did not provide proper safety equipment, the organization could be responsible. Or, in the case of medical malpractice, a doctor could be responsible.
There are a number of different situations that could result in wrongful death:
- Medical malpractice
- Defective products
- Car, motorcycle, or truck accidents
- Workplace accidents
- Criminal behavior
An experienced attorney can help you determine if the death of your family member would be considered a wrongful death and suitable for a wrongful death lawsuit.
Who Can Bring Wrongful Death Lawsuits?
Minnesota laws only allow a wrongful death lawsuit to be filed once the surviving spouse or next of kin of the deceased is appointed by the court to serve as trustee. Next of kin could include parents, grandparents, siblings, children (including adopted children), and other more distant family members.
Once the trustee is appointed, the wrongful death suit may be filed. Any settlement would be to benefit the surviving spouse and the next of kin of the deceased person.
In an ideal situation, your wrongful death claim would settle out of court. If you and the insurance company of the person or entity you feel are responsible for the death of your loved one can agree on a settlement amount, then the case will not go in front of a jury. However, that does not always happen, and sometimes wrongful death lawsuits are tried in front of juries.
Some of the damages that you can recover include:
- Medical expenses for care from the injury that resulted in the death
- Funeral and burial expenses
- Monetary damages for loss of support from the deceased person, including counsel and guidance for children, or companionship for spouses
- Loss of income that the deceased person would have earned over the course of their life, particularly for surviving spouses or children who were financially dependent on the deceased
An experienced wrongful death attorney will be able to assist you in determining what a fair settlement amount is.
Hire an Experienced Attorney Today
Wrongful death lawsuits can be overwhelming, as you are trying to grieve the loss of your loved one at the same time you are trying to navigate the legal system. This is why hiring a lawyer is a wise decision when filing a wrongful death suit.
Contact the experienced attorneys at Duluth Injury Lawyers today. We exclusively represent injury victims and are committed to recovering fair compensation for our clients.
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Our legal team is here to help you move forward in confidence. We’ve helped clients just like you for many decades, and this is the sole focus of our practice. Contact us today to discuss the details of your case.