Minneapolis Wrongful Death Lawyer
The Minneapolis wrongful death lawyers at Milavetz Injury Law, P.A. have seen firsthand the toll wrongful death can take on families. We help Minnesota families get justice for the harm brought on by that death.
While we understand that financial compensation cannot make up for the loss of a loved one, it can alleviate the resulting financial distress and provide financial security. Our team has successfully recovered over $500 Million in settlements for our clients, including a $567,000 settlement for the wrongful death of a minor in a traffic accident.
If you have suffered the tragic loss of a loved one because of a person or corporation’s negligence, contact our Minneapolis personal injury lawyers today so we can help you secure the damages you deserve.
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How does Minnesota define wrongful death?
The Minnesota wrongful death statute § 573.02 defines wrongful death as a “wrongful act or omission of any person or corporation” that causes a death. Wrongful death can occur accidentally due to careless conduct, but it can also stem from intentional misconduct.
What are the Damages for Wrongful Death in Minnesota?
The case value in a wrongful death case depends on the specific facts of your case, including:
- The pecuniary losses (short-term and long-term financial impact of the death on individual family members)
- The type of accident that led to the death
- Whether the conduct was intentional
- The available insurance
Minnesota’s wrongful death law only allows families to collect pecuniary damages, which are monetary damages.
Minnesota courts broadened the definition of pecuniary damages for wrongful death law to include certain intangible losses. As a result, Minnesota families may pursue the following economic and noneconomic damages in wrongful death cases:
- Funeral and burial expenses
- Medical treatment of the deceased
- Loss of companionship
- Loss of advice
- Loss of comfort
- Loss of assistance
- Loss of protection
In cases involving intentional misconduct or gross negligence, families can also pursue punitive damages. Punitive damages are considered non-compensatory damages because their purpose is not to compensate the victim but to punish the at-fault party. Punitive damages can be substantial.
Determining Pecuniary Loss
Calculating a family’s pecuniary loss stemming from a death requires consideration of the entirety of the decedent’s contributions to the family. If the decedent was a wage earner, the projected lifetime earnings will be calculated into the settlement value, including likely raises, promotions, and adjustments for inflation.
If the decedent owned a business, invested in stocks, or contributed other forms of income to the family, the value of future investments and opportunities must be considered and included.
While intangible losses such as loss of companionship may not have a measurable financial value, a monetary value can be reached using various methods.
If your case goes to court, a jury will award punitive damages based on what it considers fair and just. In a wrongful death settlement, the multipliers and methods used are negotiated by the attorneys representing the parties.
How do you prove wrongful death in Minnesota?
To prevail in a Minnesota wrongful death case, you must show the court that the following basic elements are true:
- A person has passed away.
- The person passed away as a result of another party’s negligence or deliberate act.
- Your family has suffered pecuniary losses due to the death.
- You are the surviving spouse, child, or next of kin with legal standing to pursue a wrongful death claim, and an appointee has been appointed to file the claim.
How can a Minnesota wrongful death attorney help?
An experienced wrongful death lawyer at Milavetz Injury Law, P.A. can help gather all of the required information needed to prove your case in court. They will help with the following:
- Gather medical records, accident reports, and any other available documentation.
- Perform a detailed forensic investigation
- Interview witnesses
- Perform testing
- Retain expert witnesses in the medical and financial fields
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, including:
Contact a Minneapolis Wrongful Death Lawyer at Milavetz Injury Law, P.A.
Who can sue for wrongful death in Minnesota?
Under Minnesota law, parties eligible to file a wrongful death lawsuit include surviving spouse, parents, children, or siblings. In some cases, the deceased’s grandparents and other personal representatives may also be eligible to pursue legal action.
What is the Statute of Limitations on Wrongful Death in Minnesota?
The Minnesota personal injury statute of limitations is three years in most cases, including cases involving wrongful death. However, this can vary based on the circumstances surrounding the death.
The most accurate method to determine how the statute of limitations applies to your case is to speak with an experienced wrongful death attorney promptly after the death to ensure the statute of limitations is correctly applied to your case. This will guarantee that your case is filed timely.
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Minneapolis Office Location
305 North 5th Avenue, Suite 300
Minneapolis, MN 55401
Content Reviewed by:
Alan Scott Milavetz