Losing a close family member is always going to be upsetting. Sometimes, however, it can feel even more unfair. One such occasion is when you believe the death was wrongful. Minnesota law defines that as “when death is caused by the wrongful act or omission of any person or corporation.”
Legal action may be worth considering in such instances. While it won’t bring your loved one back to you, it can go some way to compensating you for your loss and help you to hold those responsible accountable.
To bring such a claim under Minnesota law, the deceased’s spouse or next of kin must ask a court to appoint a trustee to file the claim.
What can you claim for?
State law allows a court to award damages for the financial losses the death caused. These can extend far beyond the person’s earnings and the immediate expenses incurred, such as their medical treatment and funeral costs. After all, family members contribute to our lives in so many different ways, many of which are hard to put a price on.
Courts may also award punitive damages, but “only upon clear and convincing evidence that the acts of the defendant show deliberate disregard for the rights or safety of others.”
Be sure to file on time
You must generally file within three years of their death and within six years of the action (or failure to act) that caused their death. If you’re filing because you believe the death was due to medical negligence, then it’s within three years of the death and four years of the action or failure to act. While the law doesn’t put time limits on filing when the death was murder, prompt claims mean details are fresher in the memory, evidence is less likely get lost and resolution will come sooner.
Seeking reliable legal guidance can help you understand your options and gather and present the evidence you will need to present a compelling case for compensation for the loss of your loved one.