Minneapolis, MN, How Are Wrongful Death Damages Calculated and Determined?

Any death that should not have and would not have happened naturally usually enables the surviving family members to file a wrongful death claim. Before proceeding with the claim, the family of the deceased should first call a lawyer so they can get proper assistance with their case.  A wrongful death claim can be brought by a surviving spouse, their children, or the parents of a young, deceased child.

When determining the exact amount that the family will be awarded, the court will assess a variety of factors. Firstly, they will look at the financial contributions of the deceased individual. If the deceased was a major contributor to the family finances, then the family will naturally be able to claim more. The health and the condition of the deceased individual at the time of death will also be taken into consideration. If they were perfectly healthy and would generally be assumed to live a long life then the negligent party will be expected to pay a larger amount or for a longer period of time. When this is being considered, other factors such as their age, habits, and occupation will also be factored in.

If the accident was very severe or involved multiple parties, then this will be considered by the court as well. When the time comes to give the money, the best and easiest route is if the heirs come to a mutual agreement among themselves. However, if this does not occur and no agreement is made, the court will divide the damages amongst the heirs.

What is the Statute of Limitations for a Wrongful Death Claim in Minneapolis, MN?

If the death was caused intentionally, as in murder, then there is no statute of limitations. In such cases, family members have the liberty to file a claim whenever they are ready. Even in these cases, it is a better idea for individuals to pursue the case without delay when the evidence is still fresh and everyone involved is also easier to contact.

For unintentional wrongful death cases, individuals have a three-year statute of limitations they must follow. If they do not act within this timeframe then they will, unfortunately, forfeit their right to get the compensation they rightfully deserve. If the deceased was a major breadwinner in the family or their loss has led to severe suffering and anguish, then it is integral that the family proceed forward and fight for their rights.

To learn more about deadlines and to get help with one’s case, individuals should call a wrongful death lawyer at the Law Offices of Martin Montillino, LLC as soon as possible.

Reach them at:


3109 Hennepin Avenue South

Minneapolis, MN 55408

Phone: (612) 236-1320

Email: [email protected]

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