Minneapolis Wrongful Death Lawyer
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Minneapolis Wrongful Death Lawyer
Wrongful death is devastating because it is a needless tragedy. If you have lost a loved one because of someone else’s negligence, you are not alone. Accidents are the third leading cause of death in Minnesota.
The experienced wrongful death attorneys at Milavetz Injury Law, P.A. understand the difficult time families experience when a loved one is suddenly and needlessly lost. While financial compensation cannot make up for this loss, our compassionate attorneys vigorously pursue maximum compensation in hopes of alleviating financial stress and providing a sense of justice.
What is negligence?
Negligence occurs when the following elements can be proven:
- Duty. The defendant owed your loved one a duty of care.
- Breach of duty. The defendant breached that duty.
- Cause in fact. The death would not have occurred except for the breach of duty.
- Proximate cause. The breach of duty, and not something else, is the cause of death.
- Damages. The family of the victim has suffered loss because of the death.
What types of wrongful death cases does Milavetz Injury Law, P.A. handle?
The Milavetz personal injury attorneys have over 60 years of experience in wrongful death law and have provided legal representation in a wide range of cases.
Motor Vehicle Accident
Most car accidents are caused by human error. Statewide, the most frequent contributing factors are failure to yield and speeding. In single-vehicle accidents, carelessness and erratic driving are the most common causes. Drunk driving is also a common contributing factor that led to 131 fatalities in Minnesota in 2020.
Truck drivers were involved in 58 Minnesota highway fatalities in 2020. A national study found that the most significant factors involving at-fault truckers were as follows:
- Brake problems
- Driving too fast for the conditions
- Unfamiliarity with the roadway
Truck drivers owe other drivers an extra duty of care due to their professional training and increased vehicle size. In Minnesota, when a trucking accident occurs, generally the trucking companies are liable.
In 2020, 64 motorcyclists were killed on Minnesota roadways. The most common cause of motorcycle collisions with other vehicles was the failure of the automobile driver to yield, which caused 38.1% of motorcycle crashes.
Bicycle and Pedestrian Crashes
Bicycle and pedestrian crashes are most often caused by drivers failing to yield. In 2020, a total of 471 bicycle crashes resulted in 10 fatalities, and 753 crashes involving pedestrians caused 45 deaths.
Nationwide, medical errors are the third leading cause of death, killing an estimated 251,000 people annually. This is more than the number of deaths from automobile accidents. Minnesota patients reported 384 adverse events from October 2017 to October 2018, including 11 deaths from the following medical errors:
- Birth injuries
- Medication errors
Our attorneys have successfully handled medical malpractice cases involving these and other common medical errors including diagnostic errors, surgical errors, hospital negligence, and HMO claim denials.
Minnesota workers suffered 67 fatalities in 2020. Family members of workers killed in the workplace may be entitled to death benefits through workers’ compensation. The workers’ compensation attorneys at Milavetz Injury Law can ensure you receive the full amount you are due.
Slips, trips, and falls are the second leading cause of workplace injuries and a leading cause of injuries in the elderly. Every year, one out of four persons 65 or older falls. This number is rising. If the current trend continues, by 2030, seven fall deaths will occur every hour. Falls often occur when property owners fail to take preventive measures.
Consumers rightfully expect products they purchase to function as expected and meet safety and quality standards. Defective products create deadly hazards. Some of the most common defective product claims we have handled include the following products:
- Hair products
- Foods and beverages
- Vehicle components
Product defects that expose manufacturers to liability include the following:
- Dangerous design
- Defects overlooked during production
- Failure to provide adequate instructions and warnings
Drugs and Medical Devices
Drugs and medical devices are a special category of product liability because they impact thousands of victims before their dangers are known. Milavetz Injury Law has extensive experience handling important cases involving harmful drugs and medical devices.
Who can file a wrongful death claim in Minneapolis?
A trustee appointed by the family or court system can file a wrongful death claim on behalf of the surviving family members. Compensation is distributed to the surviving spouse and next of kin.
How much compensation can I receive for wrongful death?
The amount of compensation you receive will depend on the details of your case. If the deceased person is partly at fault, the family can receive compensation as long as the decedent’s share of fault is not more than that of the opposing party. However, compensation will be reduced proportionately.
Minnesota law allows families to receive up to three types of compensation without limits:
- Economic Damages – monetary economic losses, including funeral expenses, medical expenses, and the pecuniary value of the decedent’s life
- Non-economic damages – non-monetary losses, including pain and suffering of the family, loss of companionship, loss of parental guidance, and pain and suffering of the deceased
- Punitive damages – damages awarded as a punishment against the at-fault party, applicable only when the defendant’s conduct is blatant or intentional
How long do I have to file a wrongful death lawsuit in Minneapolis?
The statute of limitations in Minnesota for personal injury claims, including wrongful death, is three years, with no time limit in cases of murder. Investigating and preparing a wrongful death case requires a significant amount of time, so it is important to contact an attorney as early as possible.
How can a personal injury lawyer help with my wrongful death case?
Our legal team believes regular people should have access to the same caliber of legal advice and representation as large corporations and insurance companies. We are skilled negotiators and litigators who have been standing up to large corporations on behalf of our clients since our founding in 1963.
Our law firm has built a reputation for honesty and hard work while generously giving back to the Twin Cities communities where we live and work. Our attorneys donate many volunteer hours and serve on the boards of worthy non-profits, including Legal Aid, Beyond the Yellow Ribbon, and the Merriam Park Community Council.
Our dedication to our clients is reflected in the significant results we have been able to achieve for them:
- $400,000 for an 80-year-old woman with fractured ribs
- $90,000 for a pedestrian struck in a crosswalk
- $2.5 million lump sum plus a $15.5 million structured payout to the youngest heir in a wrongful death case involving a trucking accident
If your family has wrongfully lost a loved one, our wrongful death attorneys can offer you a free case evaluation at any of our convenient office locations in the greater Minneapolis-St. Paul area. Call today at (763) 560-0000 or contact us online to schedule your free consultation.