Wrongful Death Lawyer Minneapolis MN
If your loved one’s death was the result of someone else’s negligence, consider speaking to a wrongful death lawyer Minneapolis MN relies on. The loss of a loved one is never easy and it is our mission at Johnston and Martineau to provide our clients with the care we would give to our own family. No one should have to go through the loss of a loved one alone or unprotected. An experienced attorney may help you recover the compensation you deserve for the loss of your family member. You owe it to yourself and your deceased family member to consult with reputable attorney.
What is a Wrongful Death Claim?
A wrongful death claim is a lawsuit filed by the surviving family members of a person who has died as a result of someone else’s negligent behavior. This claim must provide proof that negligence was involved in your loved one’s death, and that it has caused you and your family members harm.
Wrongful death claims can involve many types of fatal accidents, such as medical malpractice, car accidents, occupational hazards, criminal behavior, and death during supervised activity. A knowledgeable wrongful death lawyer in Minneapolis MN may help you gather all the necessary evidence for your wrongful death claim. It is important to note that the laws concerning wrongful death cases vary by state so it is of the utmost importance to speak to a trusted local attorney to prepare your case.
Who Can Sue for Wrongful Death?
The person or persons who can file a wrongful death claim varies from state to state. Some states only allow immediate family members, like spouses and children, to file a claim, while other states allow life partners and more distant family members to bring wrongful death lawsuits.
What Damages Can Survivors Suffer?
Typically, there are three types of damages survivors can claim in a wrongful death lawsuit: economic, non-economic, and punitive.
Economic damages have to do with the financial losses survivors may face because of a family member’s death, such as medical and funeral expenses, loss of pension and other benefits, and loss of the victim’s earnings. It is also important to note that survivors can still claim economic hardship after the death of a loved one even if that loved one was unemployed. They could have contributed to the family through a variety of different services such as guidance and nurturing which can be just as valuable. These are categorized as non-economic damages.
Non-economic damages involve the pain and suffering caused by a loved one’s death. Although these damages are less tangible than economic damages, a wrongful death lawyer in Minneapolis MN may still help you recover compensation for them.
Punitive damages, also known as exemplary damages, aim to punish the defendant for, especially bad conduct.
How To Determine Pecuniary Loss
Pecuniary loss, or financial injury, is one of the most common reasons for wrongful death filings. When you are determining pecuniary loss it is important to consider several different factors that a wrongful death lawyer St. Paul MN relies on can help you to sort through. It may be wise to consider age, character, earning capacity, life expectancy, health, intelligence, and circumstances when determining financial injury. The jury can determine the fit pecuniary loss based on many of these factors however their decision is not always final. The courts can raise or reduce this amount based on other factors that can be explained to you in detail specific to your case by a wrongful death lawyer St. Paul MN trusts. It is also possible that a St. Paul wrongful death lawyer may advise you to find an expert witness to support your claims and get you the financial compensation you may deserve.
How Much Time Do You Have to File a Wrongful Death Claim?
Although it can vary from state to state, a wrongful death claim generally has to be filed within two years. Some statute of limitations may only be one year. That is why it may be important to talk to a wrongful death lawyer Minneapolis MN respects as soon as possible. A Minneapolis MN wrongful death lawyer can review your case and determine the best way to take action.
When you are filing for a wrongful death case you need to ensure you are including all the necessary and pertinent information. Consulting with a wrongful death lawyer St. Paul MN trusts can help you to get the results you deserve. Some information you may want to consider gathering is as follows:
- There must be clear evidence that the party being sued is responsible either in part or completely for the death of the victim.
- There must be proof that the person(s) being sued were acting negligently or that they are legally responsible for the victim’s death.
- The family members who are suffering monetary injury must have lived.
- The victim’s death has lead to monetary loss which must be compensated.
Filling for a wrongful death case can not only be very difficult emotionally but complicated legally. It is important to contact a wrongful death lawyer St. Paul MN trusts to help you navigate this difficult time. Learn about what are Common Mistakes Made in Lawsuits.
What Is the Difference Between Wrongful Death and Murder?
If a person’s death was caused by the negligence, carelessness or even intentional actions of another person or entity, that person’s surviving family members have the right to seek damages from the person or entity responsible with the help of a wrongful death lawyer in Minneapolis, MN. You may be wondering, if your loved one is killed by another person, isn’t it murder?
Is there are difference between wrongful death and murder?
The biggest differences between wrongful death and murder are:
- Case type
Wrongful death cases are civil cases whereas murder cases are criminal. They are held in entirely different courts of law. In murder cases, the charges are filed by the state because the act of murder is a crime. In wrongful death cases, the charges are filed against a person or business that is being accused of causing a person’s death through negligence or carelessness with the help of a Minneapolis, MN wrongful death lawyer.
- Supporting evidence necessary
In a criminal case, the defendant must be found guilty beyond a reasonable doubt, whereas in civil cases a wrongful death lawyer Minneapolis, MN will prove that the defendant responsible by a preponderance of evidence. That essentially means that there is enough guilty to feel like the accused is more likely guilty than not guilty. There can be doubt in a civil case.
- Punishment for the defendant
In a criminal case the defendant is punished using incarceration whereas a civil case does not end with jail for the defendant if they are found guilty. Punishment for civil cases is more often than not carried out by payable damages to the surviving family members.
What Are the Most Common Wrongful Death Cases?
- Car Accidents are common wrongful death cases because the result of an accident is either the fault of the car manufacturer or another driver who was not driving as carefully or following the rules of the road as they should have been. A wrongful death lawyer Minneapolis, MN trusts from Johnston and Martineau can help establish fault and assess your damages from these accidents.
- Medical Malpractice is another common wrongful death case. If a medical professional makes a mistake or is negligent they could be on the hook. Especially if they force a patient to wait for treatment, delay treatment by misdiagnosing or entirely neglecting to diagnose a patient or commit a surgical error.
- Nursing Home Neglect or Abuse is a sad but true type of wrongful death that results from nursing homes or employees abusing or neglecting a patient who was entrusted to their care.
In all of these cases, one thing is clear: The people who caused the death of the victim breached a standard of duty, which means that they all had a duty to treat or act a certain way towards people and, when they failed to do so, it had dire consequences for the victim. A wrongful death lawyer in Minneapolis, MN can help you get justice for your loved one.
Set Up a Consultation With a Lawyer
Wrongful death lawsuits can get complicated, so it’s wise to at least talk to a wrongful death lawyer Minneapolis MN counts on. He or she can go over all of the evidence and determine if you have a chance of winning your claim or not.
The sooner you consult with a wrongful death attorney, the sooner you can get on with your life. Consulting with a wrongful death lawyer in St. Paul MN can help to bring you closer to peace of mind and provide you with support both emotionally and legally.
If your loved one recently died because of someone else’s negligence or misconduct, wrongful death lawyer in Minneapolis MN could help you with your wrongful death claim. The trauma of experiencing the death of a family member is difficult enough to deal with, an experienced lawyer would help relieve some of that burden by handling your case. A wrongful death claim can bring justice to your deceased family member and ease your pain. If you are searching for a wrongful death lawyer Minneapolis MN offers, contact Johnston and Martineau at 651-269-8463.