If you lost a family member in a cycling accident, we recognize your grief. Nothing is more difficult than coping with the accidental death of a loved one.
If you are ready to deal with practical matters, the experienced bike wreck attorneys at Maschka Personal Injury will handle your claim with compassion. A Mankato fatal bicycle accident lawyer from our firm can preserve your legal rights and ensure you receive appropriate compensation. We are committed to finding justice for the loved ones of people who died in accidents.
A wrongful death lawsuit is a means of seeking accountability if someone’s negligent or intentional act caused another person’s death. In the case of a fatal bicycle accident, the defendant is typically a negligent driver who caused or contributed to the incident. Sometimes the manufacturer of an involved vehicle or bicycle, or the municipality where the incident occurred, might be liable.
The plaintiff files a wrongful death lawsuit in civil court. They must use evidence to prove that the defendant’s conduct led to the death. If the plaintiff is successful, the defendant may be responsible for the plaintiff’s damages.
In this sense, a wrongful death lawsuit is similar to a personal injury claim the deceased might have pursued if they had survived their injuries. Our Mankato attorneys can review the circumstances of the fatal bicycle collision to determine whether there is sufficient evidence of negligence to bring a wrongful death claim.
Starting a wrongful death claim is different from starting other types of civil lawsuits. Only one surviving relative may bring a wrongful death lawsuit, and they act as the trustee on behalf of all the surviving next of kin. If the deceased person left no relatives capable of pursuing the claim—for example, perhaps the only survivors are children—the court may appoint a non-relative trustee to bring the claim.
If you wish to be the plaintiff, you must petition the court to be appointed. The person who brings the lawsuit acts as trustee and is responsible for distributing the proceeds to the next of kin, subject to court approval. Our attorneys in Mankato can explain the trustee’s duties in a fatal bicycle crash claim.
If the claim is successful, the party responsible for the death or their insurance company will generally pay compensation. Minnesota Statutes § 573.02 outlines the people who may benefit from a claim for wrongful death. The following parties may be entitled to a portion of the damages:
The trustee can make a claim for compensation for the deceased’s pain and suffering in the time between the accident and their death. They can also claim the deceased’s lost wages during this time and seek reimbursement of their medical expenses.
The trustee can also seek damages for the financial losses the family suffers because of the death. These damages can include the financial contributions the deceased person made to their household, the value of their services, such as housekeeping or managing the family’s finances, and funeral expenses. Our Mankato lawyers can assist you in calculating the value of the deceased person’s contributions to ensure your family receives appropriate compensation after a fatal bicycle accident.
If someone’s careless, reckless, or intentional conduct caused a fatal accident, you may be able to seek accountability through a wrongful death claim. Call Maschka Personal Injury to schedule a free consultation with a Mankato fatal bicycle accident lawyer. Our team of compassionate professionals can help you overcome the tragedy and move forward, so contact us today.
