What is a Wrongful Death Case?
A wrongful death occurs when one person is killed as a result of the
negligence of another. Even though nothing will ever bring a loved
one back, the decedent's surviving dependents or beneficiaries may be
entitled to monetary damages as a result of the negligent conduct.
This is the basis of a wrongful death lawsuit.
What is Wrongful Death Negligence?
Negligence occurs when a person an organization breaches a duty of
care. That may include reckless conduct, simple negligence, malpractice
or even inaction.
Common causes of action may stem from:
- Auto, Motorcycle, Bus, Train or Airplane Accidents
- Animal Attacks
- Dangerous or Defective Product Injuries
- Slip and Fall Accidents/Premises Liability
- Nursing home abuse and Neglect
- Medical Malpractice
- Birth Injuries
- Gas leaks and explosions
How are Damages Calculated?
In a wrongful death civil lawsuit, families may recover financial
damages related to pain and suffering, lost wages, mental anguish, loss
of companionship, medical costs, and other expenses including, in some
cases, punitive damages. If you have lost a loved one to wrongful
death, you may be eligible for damages. One of our national
wrongful death lawyers may be able to help you build your case.
Who is eligible for damages?
Immediate family members are eligible . Certainly,
parents, spouses, and children are almost always
eligible to file a claim. Minors may need an adult
guardian to take a wrongful death lawsuit to court on
their behalf. Additionally, other family members -
such as stepparents, grandparents, and dependents, may
also be permitted to file suit in some circumstances.
What are the Statutes of Limitation?
Every wrongful death lawsuit is subject to a statute of
limitations. A Statute of limitations caps the amount of
time a person who has lost a loved one to wrongful death
may have to initiate a lawsuit.
Each state has its own statute of limitations.
Depending on who the claim may be against the statute of
limitations may vary. As a general rule, a claim
against a government agency may usually have a shorter
time period for filing.
In most cases, the time for filing begins
running from the time of the victim's death.
However, in some states a lawsuit may proceed if
the act which caused the death was not discovered until
In Minnesota, a wrongful death action based on
negligence must be filed within three years of the date
of death. In cases where the wrongful death action
is based upon medical malpractice, suit must be filed
within three years of the date of death, but in no event
can the action be filed more than four years from the
date that the act that giving rise to the injury
occurred. Minn. Stat. Ann. § 541.076.
How are Legal Fees Paid?
Our Wrongful Death lawyers have competitive prices,
which fall within the range of the industry standard.
Each fee structure is tailored for each client's needs.
Fee arrangements may include:
- Contingency (no fee until a recovery is made)
- Set Fees
- Billable unit rates or any combination of the