Losing a loved one because of another person’s negligence is one of the most difficult experiences a family can face. While a financial settlement cannot replace what you have lost, a wrongful death claim allows your family to pursue financial accountability and secure resources that can help you rebuild your life.
Every case is different, but most wrongful death claims follow a similar pattern. Our dedicated wrongful death attorneys can help you understand the Mankato wrongful death case process.
One of the first and most important steps in the Mankato wrongful death claim process involves finding an attorney to serve as your advocate. Your attorney will gather preliminary information about the accident, discuss the relationship between your family and the deceased, explain the legal process, and identify the next steps.
A lawyer will take several steps to secure a favorable outcome for a family.
A wrongful death claim often begins with the appointment of a wrongful death trustee. Minnesota law requires a court-appointed trustee for any wrongful death claim. This trustee will act on behalf of all of the decedent’s next-of-kin and will have the authority to pursue and settle the wrongful death claim. Any potential trustee must take several steps to be appointed by the court, including giving notice to the other next-of-kin.
Once you decide to proceed with your wrongful death case in Mankato, your attorney will start the process with a thorough investigation. The goal is to determine exactly how the death occurred, identify every responsible party, and preserve evidence before it becomes unavailable. This investigation can involve reviewing police reports, speaking with witnesses, and examining physical evidence.
After the investigation process begins, your attorney will evaluate the full impact the wrongful death has had on your family so that your claim reflects both the financial and personal consequences of your loss. The law may entitle you to recover various types of compensation, including funeral costs, lost financial support, and the final medical expenses your loved one incurred. You will need a full assessment of the damages in your case before you are ready to consider a settlement offer.
We can often resolve wrongful death cases through a settlement agreement instead of going to trial. Our attorneys typically start negotiating a settlement early in the claim process, even before filing a lawsuit on your behalf. Of course, not all cases will settle before we have to file suit.
Once the investigation process is complete and sufficient evidence has been gathered, your attorney will formally file the wrongful death claim against the responsible party or parties.
Filing the claim begins the legal process and allows both sides to proceed with resolving the dispute. In some cases, we will identify other responsible parties to add to the suit.
After we file the claim, both sides gather additional information to evaluate the strengths and weaknesses of the case during a phase of litigation known as discovery. This stage includes exchanging documents, answering written questions, requesting records, and taking witness testimony.
The strength of your negligence-related death claim will typically become clear during this part of the process. If there is substantial evidence that negligence led to the death of your loved one, it could be enough to encourage the other side to make a fair settlement offer.
If the parties cannot reach a fair settlement, the last stage in the process for recovering damages and obtaining a measure of justice in your Mankato wrongful death case is a trial. If the case goes to trial, both sides get the chance to present evidence and question witnesses. A judge or jury will then decide the outcome.
Although most wrongful death claims settle before trial, preparing for court from the beginning ensures your family is ready if litigation becomes necessary. It also prevents unnecessary delays if settlement negotiations do not produce a fair resolution.
If you still have questions about the Mankato wrongful death case process, now is a good time to speak with our attorneys at Maschka Personal Injury. Our team will work tirelessly to answer your questions and help you navigate the legal system. Call us today for a free consultation.
