Few things in life are more difficult than the unexpected passing of a close family member. These situations are hard enough on their own, but they can be especially devastating when you learn that their passing was due to another party’s negligence.
In this scenario, you may need the guidance of a compassionate personal injury attorney. Our firm has helped many families seek justice for their loss by filing a civil suit against the responsible party. A Rochester wrongful death lawyer at Maschka Personal Injury can advise you of your options and help you pursue the compensation you deserve.
A wrongful death action is not the same thing as a homicide charge, even when both cases stem from the same incident. If your loved one died due to someone else’s actions, it is possible that both civil and criminal cases will follow.
Wrongful death cases are civil suits, which means the remedy available to you is financial compensation. These cases are an opportunity to not only recover damages but also hold the at-fault party responsible for the death of your loved one.
If the death of your family member was the result of a crime, the state has the power to prosecute the offender, and the consequences of a conviction can include jail time or a fine.
It is important to understand that a civil and criminal case are separate. This means you have the right to pursue a civil suit regardless of whether the government files criminal charges. You may have a viable civil case even if a crime was not committed, as the burden of proof is lower. Our attorneys are experienced in handling Rochester wrongful death claims, and they can advise you on the strength of your case.
Each state has its own approach to wrongful death actions. In many jurisdictions, only the representative of the deceased person’s estate has the power to file suit. In others, the law allows specific surviving relatives to pursue a wrongful death action. Our state takes a different approach.
Under state law, your case can only begin if the court appoints a trustee to file a wrongful death action on your family’s behalf. However, the person they choose is often a close family member of the deceased. Once appointed by the court, the Rochester trustee has the power to hire an attorney and pursue a wrongful death claim.
It is worth noting that you may be entitled to the proceeds of a wrongful death case even if you are not the trustee or the one who filed it. Once wrongful death cases are settled, any funds recovered by the trustee go to the next of kin of the deceased, and the allocation of the funds must be approved by the court.
A death can be considered wrongful if it arises from a careless, reckless, or intentional act. While this can happen under a wide range of circumstances, certain situations are more likely than others to lead to a wrongful death case. Examples include:
A lawyer can investigate the facts surrounding a wrongful death in Rochester and determine whether negligence played a part. We will work tirelessly to investigate what happened.
If you are living with the grief and distress of an unexpected death, it is important to understand your rights. You and your family may be entitled to compensation if your loved one’s passing was due to negligence.
Our attorneys are based in Mankato, but we have represented families in the surrounding areas for years. Contact a Rochester wrongful death lawyer at our firm to schedule a free consultation and learn how we can help you.
