Wrongful Death – MN Lawyers
Our wrongful death attorneys represent the families of people who are killed in an accident as a result of another person’s negligence. The wrongful death cases our Minnesota lawyers handle most frequently arise out of automobile or motorcycle collisions, but our attorneys also represent families in wrongful death claims that occur from construction accidents, boating accidents, medical mistakes and product defects. It is important that you find an experienced wrongful death attorney to represent you and your family, but it is also important to find a firm that is not so big you will get lost in the shuffle of too many cases and where they cannot take the time to understand what you are going through.
WHO CAN RECOVER IN A MINNESOTA WRONGFUL DEATH CLAIM?
Minnesota law allows the family members of the deceased to bring a wrongful death claim and obtain compensation for the loss of their loved one. (For more information on the loss of a child, see Compensation for Child Killed in Accident). The family members who can potentially recover in a wrongful death case are those that are defined as the “next of kin” the law would recognize if the deceased had died without a will. A court will ultimately decide who are the next of kin, but generally this would include any relative descending from any of the deceased person’s grandparents (for example, uncles, aunts, cousins, etc.), plus a spouse and adopted children. An unmarried significant-other or boyfriend or girlfriend cannot be included as next of kin, even if they were engaged to be married or living together like a married couple. When you call our office, a top wrongful death lawyer will help you through the process of notifying family members of their potential claim and explaining their rights to them.
HOW IS COMPENSATION DECIDED FOR WRONGFUL DEATH IN MN?
The amount of compensation required to compensate a family for a wrongful death claim in Minnesota is determined by considering the whole picture of the family’s loss. This includes the value of the deceased person’s earnings, i.e. how much money they made and how many more years they were expected to work. Equally important is the value of the services they would have provided for the family. The loss of a stay-at-home mom with young children is an obvious example, but each family member contributes to the family in many ways and the loss affects different family members differently. The hardest wrongful death cases involve the loss of a child, but the loss of an elderly family member can also be devastating. Although those cases usually do not involve a loss of earnings, the family may still recover for the aid, advice and comfort lost by the death of their family member. Our wrongful death lawyers will work hard to make sure that your family is compensated as fully as possible for the entirety of the loss that has been suffered.
When our MN wrongful death lawyers work with a family that has suffered such a tragic loss, we will guide you through your claim and the legal process. An attorney will sit down with the family however many times and however long it takes to get a complete understanding of the loss the family has suffered from this wrongful death. We will want to know your stories about the joys you have shared in the past and had been looking forward to in the future, and how you have supported each other through your sorrows or difficult times. Our wrongful death attorney will ask you for family videos and photographs, holiday and special occasion cards, gifts, etc. The best wrongful death attorneys in MN understand that this is a process that takes time. Patience and compassion are so important for a family going through this process. Our top wrongful death lawyers have significant experience and understand wrongful death law in Minnesota, so we can make sure you and your family get the compensation you are entitled to for your loss of a family member needlessly killed in an accident.
SOCIAL SECURITY SURVIVORS BENEFITS FOR FAMILY AFTER SOMEONE IS KILLED IN AN ACCIDENT – MN LAWYER
If the family member who died has worked at least one and one-half years in the three years before her death, certain remaining family members will be entitled to social security survivor’s benefits. For more information on who is eligible for benefits and what amounts can be obtained, see http://www.ssa.gov/survivorplan/ifyou.htm. You and your family are still entitled to Social Security Benefits even if a lawyer from our office successfully pursues a wrongful death claim against the party that caused the death.
HOW TO PURSUE A WRONGFUL DEATH CASE IN MINNESOTA
The statute of limitations for a wrongful death case in Minnesota is three years from the date of death, although earlier dates can apply in certain circumstances depending on how the accident happened. The first step is to appoint one member of the family as a trustee. The trustee is then the named person in the lawsuit to represent the entire family. The trustee is generally not paid for this service and does not necessarily get extra compensation out of the settlement. Our Minnesota wrongful death attorneys have the experience to guide your family through this process.
At the Rochlin Law Firm, Ltd. our top MN lawyers have helped many grieving families with wrongful death claims when a loved one has been killed in a car accident or because of someone else’s negligence. Often there are immediate financial concerns that our wrongful death lawyer can assist the family with. Please call our office and speak with an experienced wrongful death attorney to obtain information about your family’s legal rights and to answer your questions regarding a potential wrongful death claim for someone who died in an accident. Pam Rochlin and David Rochlin are personal injury lawyers with more than 25 years’ experience successfully representing hundreds of accident victims and their families. We have offices to meet you regarding your wrongful death claim in Minneapolis, Woodbury, Edina, and St. Louis Park. An attorney can also come to your home to meet the family and discuss your wrongful death case in St. Paul, Roseville, Maplewood, Stillwater, White Bear Lake, Forest Lake, Brooklyn Center, Maple Grove, Rogers, Elk River, Chanhassen, Chaska, Apple Valley, and other cities throughout Minnesota.