The unexpected passing of a close family member may be one of the most devastating experiences you will ever have. When a death occurs due to someone else’s negligence, the law allows surviving relatives to seek accountability through the legal system.
A wrongful death action is a civil claim or civil suit against the at-fault party, and it can provide both financial compensation and a measure of justice. Our personal injury attorneys understand how hard these circumstances can be and are ready to help you obtain the best possible outcome. You can reach out to an Albert Lea wrongful death lawyer on our team to learn about your options today.
Under state law, a wrongful death happens when a person dies because of another party’s wrongful act, neglect, or default. In other words, these are situations in which the victim could have pursued a personal injury claim if they had not passed away from their injuries. While a wrongful death case can stem from any situation where a person dies due to negligence, some of the most common examples include the following:
These cases focus on the damages the surviving family members suffer after the death. An Albert Lea attorney can investigate what caused the wrongful death and assist the surviving relatives with exploring their legal rights during this difficult time.
Minnesota handles wrongful death claims differently from many other states. Individual family members do not directly file the lawsuit themselves, and the same is true for personal representatives of the estate that are named in the deceased person’s will. Instead, the court appoints a trustee to bring the claim on behalf of the deceased’s next of kin.
The trustee is often a close family member, such as a spouse, parent, or adult child. Once appointed, the trustee acts for the benefit of all eligible surviving family members involved in the claim. While the trustee is in charge of pursuing the claim, the proceeds of any wrongful death claim settlement or verdict will ultimately be allocated among the decedent’s next of kin in a process which requires approval from a judge.
Wrongful death claims can become complicated if family members disagree about the case or the distribution of compensation. An Albert Lea wrongful death attorney can help guide families through this process.
Every wrongful death case is different, and the amount recovered depends on a wide range of factors. Our Albert Lea attorneys can advise you on the types of damages that might be available to you after a wrongful death.
Families may recover compensation for the wages, benefits, and financial support the deceased person would likely have provided in the future. This can include lost retirement benefits and loss of household services.
If the deceased person received medical treatment before passing away, the claim may include compensation for those costs.
Wrongful death claims often include funeral expenses, burial costs, cremation expenses, and other end-of-life costs incurred by surviving family members.
State law also recognizes the personal damages caused by a wrongful death. Surviving family members may recover compensation for the loss of companionship, care, advice, comfort, and emotional support they will no longer be able to rely on.
If you lost a loved one in an Albert Lea fatal accident and believe another person’s negligence is to blame, it may be time to explore your legal options. Our attorneys are based in Mankato, but we represent families throughout the surrounding area. Call an Albert Lea wrongful death lawyer to discuss your case today.
