If someone dies as a result of a negligent act, the deceased’s surviving family members can bring a lawsuit to recover damages. However, many wrongful death lawsuits are settled before the case ever reaches the courtroom.

Several factors should be considered before accepting a wrongful death settlement in Mankato. Contact a skilled lawyer for legal assistance if you believe you may have a valid wrongful death claim as a result of the death of a loved one. Our experienced wrongful death attorneys are here to help in your time of need.

Accidents that Lead to Wrongful Death Claims

A wide range of accidents can lead to wrongful death settlements in Mankato. Some of the most common situations that result in a wrongful death lawsuit include the following:

Many of these accidents are caused by negligent actions or a failure to take reasonable precautions to prevent harm. A compassionate personal injury attorney can examine your case and help you decide on the next steps.

A Trustee Must Pursue a Wrongful Death Claim

Deceased victims of negligence do not lose their legal claims upon passing. If an accident leads to death, Minnesota Statutes Annotated § 573.02 allows surviving family members to file a wrongful death lawsuit to recover damages.

Only a wrongful death trustee can bring a wrongful death action. The decedent’s surviving spouse or other next-of-kin must first petition the court to have a trustee appointed. Then, the trustee can pursue the claim or lawsuit and, if successful, disburse any damages recovered to the surviving family. The allocation of any settlement proceeds must be approved by the court.

Understanding Filing Deadlines

A plaintiff in a wrongful death action generally must file the lawsuit within three years from the date of death but no more than six years from the date of the accident. However, this deadline can vary depending on the circumstances of the death or negligent act and could be shorter than three years.

Some Mankato defendants would rather settle a wrongful death lawsuit than fight the case in court. A seasoned lawyer can help their client decide on the best route under their circumstances.

Considerations For Wrongful Death Settlements

Plaintiffs in a wrongful death claim can recover both economic and non-economic damages. Economic damages are measurable financial losses, such as medical or funeral expenses, while noneconomic damages include unquantifiable losses such as the counsel and guidance the decedent would have provided if they had lived.

There are a slew of factors you should consider when deciding whether to accept a wrongful death settlement, such as:

  • The decedent’s age, life expectancy, and earning capacity
  • The available evidence
  • The likelihood of winning the lawsuit
  • The maximum potential damages available
  • Witness availability
  • Whether the accident was caused by intentional or extremely reckless behavior

A Mankato lawyer can help you decide whether a wrongful death settlement amount is appropriate based on these and other types of considerations.

Talk to a Mankato Attorney For Advice on Wrongful Death Settlements

If you need legal advice regarding a Mankato wrongful death settlement, speak with one of our trusted lawyers today.

Our legal team prides itself on providing exceptional legal services to our local community. Please schedule a free meeting to discuss your situation.