Minneapolis, MN, Legally Defining a Wrongful Death

When a wrongful act is committed and this leads to the death of an individual, that the family members of the deceased may be entitled to file a wrongful death claim, so they are fairly compensated for the harm they suffered. In Minnesota, a wrongful death claim can be considered as a personal injury lawsuit in which the injured person is not able to bring their own claim to court for obvious reasons, so their loved ones come in their place.

According to Minnesota law, if a person would have grounds for filing a personal injury lawsuit while they were alive in their circumstances, their family will likely be entitled to file a wrongful death claim as well. In most cases, a wrongful death claim can be filed due to negligence, medicinal malpractice, or any intentional acts such as crimes that caused the person to lose their life. The defendant will be ordered to provide financial compensation to the family of the deceased if the claim is successful.

If a person is pursuing criminal charges, they will have to prove the degree of fault of the defendant as beyond a reasonable doubt and this is a very high bar to clear. Anyone who is seeking such charges to get justice for their loved one should speak to a wrongful death attorney and see what their options are based on the details of their case. Otherwise, a person can file a simple wrongful death claim for compensation through the help of their lawyer.

Eligibility for filing a wrongful death claim in Minneapolis, MN

The personal representative or the executor of the decedent’s estate is usually given permission to go forward with filing a wrongful death claim. However, in Minnesota, a person must appoint a trustee through the court to file the lawsuit and to also make sure that the damages are distributed accordingly. In nearly all cases, only the trustee can file a wrongful death lawsuit.

The plaintiff can receive compensatory damages for their losses, and they will be paid in proportion to how much they suffered. The more they lost and the bigger their damages, the more compensation they will be able to receive. The best step a person can take to ensure they are taken seriously is by starting their claim only after getting proper legal advice so they can avoid making major mistakes.

Anyone who has lost a loved one in an accident should reach out to a wrongful death attorney at the Law Office of Martin Montilino as soon as possible and get assistance with creating their case and filing their claim.

Reach them at:

3109 Hennepin Avenue South

Minneapolis, MN 55408

Phone: (612) 236-1320

Email: [email protected]