St. Paul Wrongful Death Lawyers
Compassionate Legal Support and Guidance
The unexpected death of a family member in an accident caused by someone else’s negligence is devastating and life-changing. The emotional pain and the monetary impact the loss has can be very damaging to the family. In these situations, you have the right to hold the at-fault person financially liable. While the ability to recover compensation will not bring your loved one back, it will relieve the financial damage resulting from the loss.
Wrongful death lawsuits exist because the deceased person’s life and livelihood were important, and the person who caused their death should not be exempt from the consequences. Under Minnesota law, you can recover loss of support, loss of companionship, medical expenses, funeral expenses, and other damages. The amount of money paid depends on the extent of the damage and the harmful act or negligence.
Damages in a wrongful death suit may be determined using several different pieces of information, such as:
- The age of the decedent
- Their earning capacity
- Their life expectancy, health, and intelligence
- The amount their loved ones relied on them
- The parental guidance they offere
At Rogosheske, Rogosheske & Atkins, PLLC, we will aggressively represent your interests and seek to recover just compensation. We’ll focus on the details of your case, allowing you to properly grieve and make provisions for the future. We will use our experience and our understanding of the way insurance companies work to help you.
Schedule a consultation by calling us at (651) 413-9004 today.
Effectively Handling Wrongful Death Cases
Wrongful death claims can be the result of many types of accidents.
In Minnesota, wrongful death claims commonly arise from:
- Car, motorcycle, truck, public transportation, boat, and ATV accidents
- Medical errors
- Medication errors
- Construction accidents
- Exposure to dangerous chemicals
- Defective products
Sometimes wrongful death suits come after a criminal case. A wrongful death suit will have similar evidence, but with a lower standard of proof. Even if a defendant is found not guilty of a crime, you can still win a wrongful death case. With a lower standard of proof, that same person could be found liable for wrongful death.
By having an experienced St. Paul wrongful death attorney by your side, you have an advocate looking out for your future. This is important because your loved one may have made a significant contribution to your household income. It can be difficult to move forward while struggling to pay the accident-related expenses and dealing with other monetary losses. That is why Minnesota law allows you to seek a settlement from the negligent person or their insurance company.
At Rogosheske, Rogosheske & Atkins, PLLC, we first seek out a settlement by negotiating a meaningful amount that will allow you to move forward. If the insurance company doesn’t agree on just compensation, we can take the matter to trial, letting a jury decide. Jury trials are lengthy, but the awards tend to be larger. The course of action taken in your case is entirely up to you, and we will diligently work for you and will seek a satisfactory result.
Who Can File a Wrongful Death Suit?
If a loved one lost their life because of the reckless actions or negligence of another party, it could be hard to let that go. This is especially so if you were dependent on the deceased person for emotional support and/or income.
Although many people may be affected by the death, only direct family members can file a wrongful death suit. This includes:
Filing Within the Time Limit
Except for extraordinary circumstances, usually involving more serious criminal cases, there is a statute of limitations on wrongful death suits. This is primarily in place to reduce the number of frivolous after-the-fact suits in which a relative decides that they can get something by claiming wrongful death after most relevant evidence is gone. It also applies to families who are slow on investigation and paperwork. Thus, if you suspect wrongful death, you’ll want to file within the time limit of three years from the date of the death; otherwise, your case could be dismissed.
Types of Monetary Damages
The result of a successful wrongful death suit is always in the form of monetary damages paid to the surviving family members. These damages acknowledge the many ways in which the deceased was important and valuable to their family and is meant to compensate for that as best as money can in a highly emotional matter.
These damages compensate for:
- Final Care and Treatment Expenses
Often, the death is caused by complications after the wrongful incident, resulting up medical bills for tests and attempts to save the person before they passed on. This can add an incredible financial burden to a family on top of the trauma of loss.
- Funeral and Burial Expenses
Funerals can be expensive. Even casket prices tend to skyrocket into many thousands of dollars. Wrongful death damages almost always cover funeral and burial expenses.
- Loss of Wages and Benefits
If your loved one worked and extended their work health care and other benefits to the family, the loss of both wages and benefits are calculated when deciding on the amount of damages to be paid
- Loss of Services, Protection and Care
The value of your loved one goes beyond the money they brought into the family. Services like household chores, watching the kids, protecting the home, and caring for young, old, and infirmed family members is also valued for damages.
- Sorrow and Mental Anguish
The pain of the surviving family and the time they need to heal could take them out of work and school, further harming household finances and thus qualifying for damages. This payment can be particularly high if the death was quite traumatizing or the negligence of the other party was particularly disrespectful.
- Loss of Society, Companionship, Care, and Guidance
The final category of damages takes into account the negative impact the death has on the social and emotional health of the remaining family. Spouses are left without companionship and children without a parent to care for and guide them as they grow up.
Contact a St. Paul Wrongful Death Attorney
It is devastating when a loved one loses their life in an accident arising from someone else’s negligence. The unexpected loss comes with many lifelong impacts. If this is something that you are facing, and you want to hold the responsible party accountable for their negligence, you have the right to take legal action.
Serving St. Paul Since 1948
Over 50 Years of Collective Experience
Tens of Thousands of People Helped
Hundreds of Jury Trials Handled
Highly Involved in the Local Legal Community
Prepare Every Case for Trial
Backed by over 50 years of combined legal experience and an intimate understanding of the court system, our team knows how to effectively guide clients through their cases.