Grief after losing a loved one can be overwhelming. For families who have sustained losses because of a crime or negligence, damages in Mankato wrongful death cases can relieve financial stress so they can focus on emotional healing.
A well-versed wrongful death attorney from Maschka, Riedy, Ries & Frentz Law Firm can advise a family about their legal options and provide them with a path on how to move forward during this time. Contact our firm today to schedule a consultation with our legal team.
Minnesota law allows wrongful death lawsuits when the deceased person would have been able to file a personal injury claim if they had lived. This can include negligence-based cases like car accidents or slip and falls as well as medical malpractice cases or civil lawsuits related to criminal actions.
Unlike other states, Minnesota does not allow surviving relatives to file a wrongful death claim directly. Instead, Mankato residents need to ask the court to appoint a trustee who will handle the claims process or lawsuit for the benefit of the decedent’s next of kin. The surviving spouse or other next of kin can petition the court to become the wrongful death trustee. The Court will appoint a trustee who may then seek wrongful death damages. At the conclusion of a case, the trustee will propose a distribution of the available proceeds, which must be approved by the Court.
Mankato wrongful death cases often seek compensation for the deceased’s spouse and children, though this can change depending on the decedent’s next of kin. Damages can include both economic and non-economic compensation.
Economic damages may include the medical care the decedent received before their death, funeral expenses, and the support the decedent would have provided their family in the future.
Surviving spouses and other next of kin can also receive non-economic compensation. This includes loss the counsel, guidance, aid, advice, comfort, assistance, companionship, and protection the decedent would have given to the next of kin if he or she had lived. In some cases, the family can receive compensation for the pain and suffering the deceased experienced before their death. Non-economic damage awards can be more difficult to predict than economic damages because they are not based on concrete expenses. A skilled lawyer can help families get a better idea of what to expect in their individual situations.
If you believe you may qualify for compensation after a loved one’s death, talking to a knowledgeable lawyer should be your next step. Let our legal team advocate for you during this difficult time so you can spend time with your family.
Schedule a consultation with Maschka, Riedy, Ries & Frentz today and learn more about how we can help you understand your options for pursuing damages in a Mankato wrongful death case.