Minneapolis Wrongful Death Attorney
The grief that comes from the untimely death of a loved one is difficult to bear. When an individual dies due to the malpractice, negligence, or inaction of another person, the individual’s family can file a wrongful death lawsuit against those responsible. Though there is no measure of compensation that can bring a family member back, there is the solace of ensuring that those responsible will be held accountable.
The lawyers at Schloner Law Firm are experienced in wrongful death cases. A claim for wrongful death happens when a person's death is caused by the negligence of another. Under Minnesota law, the claim is based on the losses experienced by the surviving family members. These losses include all of the benefits each of the surviving family members would reasonably have expected to receive from the decedent, including such items as the future economic support, the care, the counsel, the advice, and the companionship the decedent would have provided had he/she lived. The Minneapolis wrongful death attorneys at Schloner Law Firm understand that the death of a loved one is a loss which financial compensation can never replace.
The attorneys from Schloner Law firm have handled successful wrongful death claims. We understand the issues unique to wrongful death litigation and have a proven track record of success. We will fight to ensure your family is compensated for your losses. It is imperative to act swiftly after an accident has occurred in order to gather evidence and address other important factors. Please call our office today for a free consultation.
Minnesota Wrongful Death Trustee
Minnesota law requires that a trustee, in most cases a family member, be designated by the court to make the wrongful death claims on behalf of all of the next of kin. Once appointed, the trustee is authorized to act on behalf of the spouse or next of kin. At the conclusion, the trustee divides the recovery obtained with all of the family members. A wrongful death trustee is not required for a claim against a business that sells liquor.
Damages Covered By Wrongful Death
Wrongful death damages include, but are not limited to:
- 1. Direct Costs: Funeral expenses, medical costs and almost anything directly associated with the loss of your loved one.
- 2. Economic Losses: Benefits that would have been received from the decedent had the loss not occurred, such as, but not limited to, future earnings, pension, and retirement benefits.
- 3. Loss of Companionship: Compensation for the loss of companionship, comfort, assistance, guidance and advice resulting from the loss.
- 4. Punitive Damages: Damages which are intended to punish a defendant for their negligence.
Determining the Amount Recoverable
A jury is instructed by the court of law to determine a fair and reasonable amount of compensation that will adequately compensate the spouse and/or next of kin as a result of this death. Jurors are specifically asked to consider the decedent's life expectancy, health, age, habits, talents, success, occupation, and future earning capacity at the time of death.
Distribution of Damages
Minnesota law requires that any recovery amount shall be equally divided among the next of kin according to their respective losses. In most cases, however, family members will agree on how to divide the recovery themselves and the court simply agrees to the division so long as all family members are in agreement.
Preserve Your Rights
If you have a wrongful death claim, act quickly and please call Schloner Law Firm to speak with one of our experienced wrongful death attorneys to ensure your rights are protected.