Detroit Lakes Wrongful Death Attorney
Wrongful Death Claims to Honor Lost Loved Ones
When someone passes away due to the “wrongful act” or the wrongful inaction of a third party, including both individuals and collective entities, Minnesota defines it as wrongful death. While it is important to grieve for the loss of your loved one, it is also important that you take the time to consider filing a wrongful death claim in their name and honor. With a successful wrongful death claim, you can find a sense of closure while also increasing your financial stability after experiencing damages related to the untimely passing of your loved one.
Maring Williams Law Office in Detroit Lakes would be honored to get the chance to help you navigate a wrongful death claim. We know the process can be as complex as it is sensitive and trying on your emotions. Each step we take to develop your case, we do so with deliberate care and compassion, so you never feel like you are rushed or that your grief is being overshadowed by legal processes.
For responsive legal guidance that truly considers your wellbeing, call (218) 228-6332 today.
Wrongful Death Statutes of Limitations
When a loved one passes away due to another party’s negligence, Minnesota sets a three-year statute of limitations to bring forth a wrongful death claim. The three-year time limit begins on the day the deceased person passes away, not on the day that they are injured or fall ill. When the statute of limitations expires, any claim filed afterward will be dismissed by the court.
The statute of limitations can be altered for specific circumstances, though. For example, a wrongful death claim for a malicious, criminal act may have a statute of limitations that begins after the criminal court decides to convict the accused assailant. Some criminal cases, especially those involving particularly heinous or violent crimes, can take many years to conclude, so this exception could significantly extend a related wrongful death claim’s statute of limitations.
Who Can File a Wrongful Death Claim?
In order to file a wrongful death claim in Minnesota, a spouse or next of kin of the deceased must first be officially appointed as a trustee of the deceased’s estate. “Next of kin” is an intentionally broad concept in wrongful death law contexts, capable of including parents, grandparents, brothers and sisters, children, adopted children, aunts and uncles, nieces and nephews, and cousins. Nearly anyone on the deceased’s family tree can be considered as a next of kin and be appointed as a trustee by the court. When the trustee is appointed, that person can then file a wrongful death lawsuit that can, if successful, provide damages to the deceased’s spouse and eligible next of kin.
What Damages Can Be Collected?
In order to file a wrongful death claim in Minnesota, a spouse or next of kin of the deceased, or a neutral third-party, must first be officially appointed as a trustee of the deceased’s estate. “Next of kin” is an intentionally broad concept in wrongful death law contexts, capable of including parents, grandparents, brothers and sisters, children, adopted children, aunts and uncles, nieces and nephews, and cousins. Nearly anyone on the deceased’s family tree can be considered as a next of kin and be appointed as a trustee by the court. When the trustee is appointed, that person can then file a wrongful death lawsuit on behalf of the spouse and next of kin.
Examples of damages we might pursue in your claim:
- Funeral, burial, and final wishes expenses
- Final medical treatments for the deceased
- Income and benefits lost that the deceased would have earned
- Value of companionship and support the deceased usually provided to the claimants
The noneconomic damages in a wrongful death claim in Minnesota can consider the pain and suffering experienced by both the deceased person and the claimants. In other words, you can demand compensation for the loss you are experiencing, even though you were not physically injured through the defendant’s negligence.
Handling Your Claim Your Way
We cannot stress enough the importance of giving yourself and your family time to grieve after losing a loved one in an accident. Handing your wrongful death claim to an overzealous legal team could make you feel rushed and regret starting the claim altogether.
At Maring Williams Law Office, our Detroit Lakes wrongful death attorneys will be mindful of your emotional state whenever we need to discuss your claim or move it forward. This is the level of genuine care we have been showing clients ever since we opened our doors. It is a tradition we will gladly carry far into the future.
To talk about your wrongful death claim in a comfortable environment, schedule a free initial consultation today.
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