Learning that a loved one has died is never easy, but the situation can be especially difficult if their death was due to an avoidable accident. If someone else’s negligence cost your family member their life, an Austin wrongful death lawyer can help you pursue a wrongful death action.
Filing a wrongful death claim may give you the chance to not only obtain a measure of justice but also to recover your damages. Consulting with a personal injury attorney from Maschka Personal Injury can help you navigate the legal system and hold the at-fault party accountable.
State law does not allow every family member to file a wrongful death action automatically. Instead, the court appoints a trustee to bring the claim on behalf of the surviving next of kin, upon a petition from one of the next of kin. The trustee is often a spouse, parent, adult child, or another close relative.
This approach differs from most other states. Generally, the courts in other jurisdictions either allow surviving family members to file suit on their own or the deceased person’s estate will file the claim directly.
Once a case has settled, the court will then issue an order allocating the proceeds among the next of kin. An Austin wrongful death attorney can help your family petition the court to appoint a trustee and handle every aspect of the process.
A criminal case and a wrongful death action may arise from the same incident, but they serve very different purposes. In criminal cases, the government brings the action. The goal is to punish the person accused of committing a crime through penalties such as jail time or fines.
Wrongful death actions are different. These are civil lawsuits filed on behalf of surviving family members to recover financial compensation for the losses caused by the death.
The burden of proof also differs between the two cases. In criminal cases, prosecutors must prove guilt beyond a reasonable doubt. In wrongful death claims, the trustee only needs to prove liability by a preponderance of the evidence, meaning it is more likely than not that the defendant caused the death.
If you have lost a loved one due to an accident in Austin, our fatal injury attorneys can help you understand how a wrongful death action works and guide you through the process.
Minnesota Statutes § 573.02 imposes strict deadlines on wrongful death claims. In most cases, the trustee must file the claim within three years of the date of death. Generally, the trustee cannot file a claim more than six years after the act or omission that caused the injury leading to the death (if the decedent lived beyond the incident).
These deadlines are important because the date of death and the date of the underlying incident are not always the same. For example, a person may suffer catastrophic injuries in a crash or medical incident and pass away months later. In this situation, both dates may affect the filing deadline.
Certain exceptions may pause or affect these deadlines, but courts apply those exceptions narrowly. Working with an Austin attorney can help ensure that you file your wrongful death claim within the necessary deadlines.
If you are dealing with the unexpected loss of a loved one, it may be time to consider your legal options. You may have cause to seek compensation if someone else’s negligence was to blame.
At Maschka Personal Injury, our attorneys have served local communities for over 25 years. Call an Austin wrongful death lawyer today to learn how we can help you.
