Victims of negligence do not lose their legal claim if an accident or mistake causes their death. The deceased’s surviving family members can pursue a wrongful death claim or lawsuit to pursue damages for their death.
However, the surviving family must initiate the wrongful death claim within a certain time period. If you believe you have a valid claim for the wrongful death of a loved one, you should speak to our legal team about the Mankato wrongful death statute of limitations. Our skilled wrongful death attorneys can help with your case.
To initiate a wrongful death claim, one of the decedent’s next-of-kin must first file a petition to have a trustee appointed by the court. The trustee will then be allowed to pursue a wrongful death claim and has a fiduciary duty to maximize any recovery for the benefit of all next-of-kin. Any allocation of wrongful death proceeds must ultimately be approved by the court.
Accident victims pursuing negligence lawsuits must file their claim within the state’s statute of limitations.
The statute of limitations for wrongful death lawsuits in Mankato is shorter than a negligence claim for a living plaintiff. The state’s wrongful death statute generally provides a deadline of three years from the date of death, but can vary depending on the circumstances.
If a lawsuit is not brought within the applicable statute of limitations, a judge may dismiss the claim, and the surviving family will not recover any damages. A compassionate personal injury attorney can explain this process during an initial meeting.
The general three-year statute of limitations may not apply to certain types of wrongful death claims in Mankato. For example, the statute of limitations may be two years for a death caused by an improvement to real property.
Additionally, the state has a different statute of limitations in wrongful death claims that are caused by intentional acts of murder. These claims do not expire, and the surviving family may bring the wrongful death claim at any time after the victim’s death.
Losing a loved one in an accident caused by negligence can take a heavy emotional and financial toll on the surviving family. Our trusting and helpful lawyers can answer your questions about the Mankato wrongful death statute of limitations. Please schedule a free initial meeting to discuss your situation.
