Losing a family member can be one of the most difficult things you ever experience, especially when the loss was unexpected. When your loved one’s death is due to another person’s negligence, you may be able to pursue justice through the legal system.
A wrongful death action can provide you with the financial resources you need to deal with this sudden loss. Our compassionate personal injury attorneys can answer your questions and help you understand what to expect from this process. Instead of facing the court system alone, reach out to an Owatonna wrongful death lawyer today.
Every state has its own approach to wrongful death actions. In many jurisdictions, the surviving relatives of the deceased have the power to file a lawsuit on their own. In other states, only the personal representative of the estate has this power. Minnesota has its own way of doing things.
In order to file a wrongful death action in Owatonna, someone must petition the court to appoint a trustee on your behalf, typically your lawyer. Instead of filing the lawsuit on your own, this trustee is tasked with managing every aspect of the claim.
It is important to remember that while the trustee has the right to file suit, they are not automatically entitled to all of the proceeds. The proceeds will be distributed to the surviving next of kin of the deceased in a process that requires judicial approval.
A wrongful death action and a homicide case may arise from the same incident, but they serve very different purposes. A wrongful death claim is a civil lawsuit that allows surviving family members to recover financial compensation when someone’s negligence caused the death of their loved one. A homicide case, on the other hand, is a criminal prosecution brought by the state to punish the person responsible.
In a criminal case, the government must prove guilt beyond a reasonable doubt, which is a very high standard. In a wrongful death case, you only need to prove liability by a preponderance of the evidence, meaning it is more likely than not that the defendant caused the death. This is a lower burden of proof, meaning you could succeed with a wrongful death case even if there are no grounds for a criminal conviction.
The outcomes are also different. A criminal case can lead to jail or prison time, whereas the remedy in a wrongful death action is financial compensation.
To better understand how a wrongful death case differs from a homicide case in Owatonna, speak with a lawyer today.
There are different types of damages available through a successful wrongful death action. An Owatonna wrongful death attorney could help you recover any of the following:
These damages cover measurable financial damages tied to the death. You can pursue compensation for medical bills related to the final injury, funeral and burial expenses, and the income the deceased would have earned. Courts also consider the value of services the person provided, such as childcare or household support.
Minnesota recognizes that the death of a close family member means more than the loss of income. It also includes the loss of advice, care, and guidance the deceased would have provided to family members over time.
You may recover damages for the emotional impact of the loss, including loss of companionship, and the absence of a close personal relationship. These damages are harder to quantify but remain a central part of the claim.
If you have experienced the unexpected loss of a family member, you may be entitled to financial compensation from the responsible party. Our attorneys are based in Mankato, but we help the surrounding area deal with these claims. Call an Owatonna wrongful death lawyer at Maschka Personal Injury today.
