Are you grappling with the sudden and unexpected death of a family member because of a recent accident in Minneapolis, Minnesota? Don’t hesitate to contact the compassionate and trusted legal team at Goldenberg Lauricella, PLLC to discuss your situation. You may be entitled to compensation for your loss, and our experienced Minneapolis wrongful death lawyers can help you fight for the financial justice your family deserves during this incredibly difficult time in your life.
Goldenberg Lauricella, PLLC, understands just how hard it can be to lose someone you care about. At our personal injury law firm, we’ve dedicated our careers to helping families stand up and demand accountability in the wake of these avoidable tragedies. Our Minneapolis personal injury lawyers fight for spouses, children, and parents and don’t rest until those at fault do the right thing. Our personal injury cases results – $200 million and counting – are a testament to how much we care and what we can achieve.
Discover how our Minneapolis wrongful death lawyers can make a difference in your family’s life after a tragic loss. Call our Minneapolis law office at (612) 333-4662 for a free consultation today.
What is Wrongful Death?
If you were to get hurt in an accident in Minneapolis, MN, you’d have the right to take legal action against the party who caused your injuries. The right to sue doesn’t disappear just because an accident victim doesn’t survive their wounds. Instead, Minnesota law allows it to shift to someone else.
This is known as a wrongful death claim.
A wrongful death claim can be brought under MN Statutes Section 573.02 when “death is caused by the wrongful act or omission of any person or corporation” and the decedent would have been able to file a personal injury claim for damages if they’d survived.
Who Can File a Wrongful Death Lawsuit in Minnesota?
If you’ve lost a close family member in a fatal accident in Minneapolis, you might be able to benefit from a wrongful death claim. However, you might not be able to file the claim yourself. Under Minnesota state law, this right is reserved exclusively for a trustee who’s appointed by the court.
The trustee is typically a close family member or friend.
Any damages won in the wrongful death claim are paid “for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death.”
What Are the Most Common Causes of Wrongful Death?
Any accident or act of criminal violence can potentially be fatal, under the right circumstances.
At Goldenberg Lauricella, PLLC, we have extensive experience litigating wrongful death matters for families in cases involving:
- Defective products
- Defective medical devices
- Toxic exposure
- Industrial accidents
- Construction accidents
- Workplace accidents
- Boating accidents
- Truck accidents
- Car accidents
- Bicycle accidents
- Motorcycle accidents
- Pedestrian accidents
- Bus accidents
- Slip and fall accidents
- Dog bites
- Medical malpractice
- Birth injuries
- Nursing home abuse
- Assault
- Sexual assault
When someone you love has died because another person was negligent or violent, they have to be held accountable. When you turn to our wrongful death attorneys in Minneapolis, MN for help, we’ll make it our mission to fight for your family and get the justice and closure you deserve.
What Damages Can Be Awarded in a Minnesota Wrongful Death Case?
Wrongful death litigation is intended to help a decedent’s surviving heirs cope with the consequences of an unimaginable loss. So, the types of damages that can be awarded differ slightly from those that are available in other types of personal injury cases.
Under Minnesota law, the plaintiff in a wrongful death case can include:
- Economic damages to compensate for objective present and future monetary losses, and
- Non-economic damages to acknowledge and make up for the harder-to-value trauma associated with the death of a loved one.
Potential damages can include money for:
- Lost wages, income, and benefits the decedent would have earned and provided if they’d survived
- Lost value of household services and support
- Medical expenses incurred treating the decedent’s injuries before they passed
- Reasonable expenses for the decedent’s funeral and burial/cremation
- Loss of parental guidance and training
- Loss of spousal care, companionship, comfort, and consortium
- Loss of care, love, and affection
A Hennepin County jury also has the discretion to award punitive damages when a wrongful death case goes to trial. In these situations, Minnesota law permits punitive damages when there is clear and convincing evidence that the defendant displayed a “deliberate disregard for the rights or safety of others.”
How Does a Decedent’s Contributory Fault Affect Wrongful Death Litigation in Minnesota?
There’s a good chance that your spouse, child, or parent will be blamed for their fatal injuries. After all, they’re not here to tell their side of the story or defend themselves against these underhanded tactics. It’s important to dispute these claims because they can potentially prevent you from getting compensation or reduce your financial recovery.
Minnesota’s modified comparative negligence rule applies to wrongful death cases. In these situations, the decedent’s shared fault is taken into account. Damages are reduced proportionately to fault up to 50 percent.
If your spouse was killed in a fatal car accident in Minneapolis, MN, for example, and is assigned half of the blame for the deadly wreck, your wrongful death damages will be reduced by 50 percent.
If their shared fault exceeds half, you forfeit the right to demand compensation from other responsible parties.
Call our Minneapolis wrongful death attorneys today
Money will not bring your family member back to you. However, it can offer a sense of closure and force the at-fault party to take responsibility for the devastation they’ve caused. It can also ease this incredibly difficult path you’re forced to travel. Goldenberg Lauricella, PLLC, is here to help you and your loved ones fight for compensation at every turn.
Our Minneapolis wrongful death attorneys have decades of collective experience. We’re nationally acclaimed civil trial lawyers who’ve won over $200 million in settlements and jury awards for clients just like you. When you ask for our help, you’ll work hand-in-hand with a respected partner and get the attentive, personalized representation you deserve.
You have just three years from your loved one’s passing to file a wrongful death lawsuit in Minnesota, so contact our award-winning Minneapolis legal team for assistance today.