Practice Area Type: Wrongful Death

Filing a lawsuit may not be a priority for families that have experienced the unexpected loss of a loved one however, taking legal action may provide compensation to help manage out-of-pocket expenses and other costs that may arise following a wrongful death incident. Families may also be able to hold those accountable for the negligent actions that may have caused – or contributed to – the fatality.

The Saint Paul wrongful death lawyers at TSR Injury Law understand that this may be a sensitive time for you and your family, and we are here to help. We have been helping injury victims and their families recover compensation for over 20 years. Our firm has recovered $300 million in compensation on behalf of our clients.

We offer a free consultation and you are not obligated to have us represent you. We can answer any questions you may have about the legal process and you will not be charged any upfront fees for our services. Our attorneys do not get paid unless we win fair compensation for your case.

Contact an experienced lawyer from TSR Injury Law today by calling (612) TSR-TIME.

What is a Wrongful Death Under Minnesota Law?

A wrongful death is caused by the negligent or wrongful acts of another party. If the victim had survived, he or she would have had the basis for a personal injury claim against the at-fault party.

There are many types of accidents caused by negligence that could give you grounds to file a wrongful death claim:

• Motor vehicle accidents – Auto accident deaths are often caused by driver negligence. Common examples include distracted driving, speeding, disobeying traffic laws or driving under the influence of drugs or alcohol.
• Workplace accidents – Workplace deaths are more common in the construction and manufacturing industries. Falling debris, faulty machinery and electrocution are just some of the reasons why these types of jobs are so dangerous.
• Slip and fall accidents – Falling down stairs or from high up can lead to serious injury and possibly death. Residential and commercial property owners may be held liable if you can prove they failed to take reasonable steps to keep their property safe.
• Medical malpractice – Misdiagnosis, surgical errors and medication errors are just a few examples of medical malpractice that could result in death.

If your loved one died because of any of the above situations or another situation caused by negligence, you may have a chance to pursue compensation for your damages.

Our Saint Paul wrongful death attorneys are available to discuss the situation in a free consultation. TSR Injury Law: (612) TSR-TIME.

How Do I Know if My Case is Valid?

Your lawyer must be able to prove the four elements of negligence were present in the accident that led to your loved one’s death:

• Duty of care – The at-fault party owed a duty of care to the deceased to take steps to prevent harm to others. For example, property owners must take reasonable action to help prevent injuries to visitors.
• Breached duty of care – Your lawyer must prove the duty of care was breached by the at-fault party.
• Causal link – There must be a direct link between the breached duty of care and your loved one’s injury and death. Your lawyer must prove death would not have occurred had the at-fault party upheld his or her duty of care. Your lawyer might bring in an industry expert witness to help prove this aspect of negligence.
• Damages sustained – Your lawyer must provide proof you or your family sustained damages such as medical bills, burial and funeral costs, pain and suffering, lost wages, and lost benefits and earning potential.

What Type of Compensation Can I Receive?

Many factors are considered when determining compensation for the unexpected loss of a loved one. For example, if the deceased person was the head of household and was responsible for supporting the family financially, his or her dependents may be able to receive compensation for lost income and benefits.

Surviving family or the appointed trustee may be eligible for compensation for:

• Medical bills for treatment of the injury that resulted in death
• Funeral and burial costs
• Any pain and suffering endured by the deceased before death
• Loss of companionship, affection and care of surviving family members

We know compensation cannot make up for the loss of a loved one, but it can help families manage some of the damages they have suffered.

Schedule a free consultation today by calling our Saint Paul wrongful death lawyers us at (612) TSR-TIME.

Which Family Members Can File a Claim?

In Minnesota, wrongful death claims can be filed by any one of the following relatives of the deceased:

Unsure if you can file? Our attorneys are available to discuss your situation in a free consultation. There is no obligation to take legal action so there is no risk to you.

How Long Does My Family Have to File a Wrongful Death Claim?

Every state has its own statute of limitations, which determines the amount of time permitted to file a wrongful death claim. In Minnesota, you generally have three years to do so. However, since no two accidents are exactly alike, there may be instances where this time period may be shortened or extended, depending on the details of your wrongful death case.

We recommend contacting a lawyer as soon as possible to discuss the merits of your claim and the deadline that may apply. If you do not file your claim before the deadline passes, you may lose the right to seek compensation.

Call TSR Injury Law at (612) TSR-TIME. We can be contacted anytime, 24 hours a day, seven days a week.

How Can a Lawyer from TSR Injury Law Help?

If you have a valid claim, there may be numerous ways our lawyers may be able to assist with your wrongful death case.

One important advantage of hiring a lawyer is he or she can speak with insurance companies and other involved parties on your behalf to defend your best interests.

Insurance companies often contact victims to try to get them to say things that may lower the value of their claim. They may try to hold anything you say or do against you. Our lawyers know what to say and what not to say to help preserve the full value of your claim.

Our St. Paul wrongful death attorneys are also prepared to take the necessary steps to build a robust case for maximum compensation:

Our team of attorneys, paralegals, investigators and support staff is ready to get to work pursuing the full value of your claim.

Call a St. Paul Wrongful Death Attorney for a Free Consultation

We understand this is a very difficult time for your family. We are here to manage the legal process on your behalf so you can be with your family.

Schedule your no-risk consultation so you can ask us about the legal process and whether you may have a case. We charge no upfront fees and we only receive payment when we win your case.

In more than 20 years, we have recovered $300 million in compensation. Partner Rich Ruohonen was named Minnesota Attorney of the Year and has served as president of the Minnesota Association for Justice.

Our main office is located at 7760 France Ave South Suite 820 in Minneapolis, which is only a 10-minute drive from the Minneapolis-St. Paul International Airport.

Call TSR Injury Law Ph: (612) TSR-TIME or fill out our free online form.

The unexpected loss of a loved one can be a traumatic experience for family members, especially when the incident may have been prevented. While contacting a lawyer during this difficult time may not be a priority, having legal representation can be an important part of the recovery process. At TSR Injury Law, our Minneapolis wrongful death attorneys are prepared to protect your legal rights. We have many years of experience helping Minneapolis area residents recover the compensation they are eligible to receive following the loss of a family member.

To speak with a lawyer about your potential case, call (612) TSR-TIME. We offer a free consultation to answer your questions and can help to determine if you are eligible to take legal action on behalf of your loved one. You are under no obligation to use our services and should you decide to hire us, there are no upfront fees.

Call us today at (612) TSR-TIME . We are available 24/7 to answer your questions.

How Minnesota Defines a Wrongful Death

According to Minnesota Statutes section 573.02, a wrongful death is defined as the death of a person caused by the wrongful act or negligence of another. This type of legal action requires proof that negligence was involved in your loved one’s death, and that it has caused you and your family members harm.

Wrongful death claims can be caused by different types of fatal accidents, including:

• Motor vehicle accidents – Deadly car crashes are typically caused by the negligent behavior of a driver, such as excessively speeding, operating a vehicle while distracted, recklessly ignoring traffic laws, or driving while under the influence of drugs or alcohol. Motor vehicle accidents involving large trucks can be especially catastrophic, because of their massive size and weight, causing passengers in smaller vehicles to sustain serious injuries or death. Driving while drowsy, intoxicated, or carrying an oversize load are common factors involving truck driver negligence.
• Slip and falls – Some fatalities are caused by slip and fall accidents. This type of tragic death may occur because of a wet or slippery floor, uneven surfaces or a faulty handrail. A property owner who fails to live up to the duty to maintain the reasonable safety of his or her premises – or warn visitors of known hazards – may be held liable for a wrongful death.
• Work-related accidents – High-risk occupations, such as construction or manufacturing jobs, have more frequent instances of work-related injuries and even death. For example, construction workers are regularly exposed to heavy machinery, broken or worn parts, fall risks and electrical failures.
• Motorcycle accidents – Motorcycle accidents often occur when drivers follow too closely or fail to notice motorcyclists when changing or merging lanes. Motorcyclists are also vulnerable to accidents caused by defects on the road or other types of hazards, such as road debris or wet conditions.
• Medical malpractice – The majority of health care providers are highly skilled and properly trained to treat patients, but medical mistakes can still happen. When a doctor or hospital fails to follow proper procedures, provides a faulty diagnosis or delays treatment, those responsible may be held accountable in a claim.

If you lost a family member in an accident as a result of someone else’s negligent behavior, having an experienced attorney on your side can help to determine if you have a valid case and if so, explain the legal options that may be available to you to pursue financial compensation.

Our legal team is here for you. Call (612) TSR-TIME.

Who Can Bring A Wrongful Death Claim?

Minnesota law dictates who may file a wrongful death claim. These individuals may include the surviving spouse and children as well as the parents, grandparents and siblings of the deceased person.

In most instances, eligibility is based on a hierarchy. If the deceased was married, the spouse can bring a claim, including any children the deceased had at the time of death. If the deceased was married but had no children, his or her parents or grandparents could pursue a claim. Brothers and sisters of the deceased may file a claim as long as there is not a spouse still living – or any surviving children, parents or grandparents. In some cases, a trustee may even be appointed to file a claim on the family member’s behalf.

Determining who can pursue a wrongful death action in any case can be complex. This is why anyone considering legal action should consult with a lawyer as soon as possible. TSR Injury Law is well-versed in Minnesota wrongful death laws and how they may apply to your particular situation.

Elements of a Wrongful Death Claim

In a wrongful death claim, you must be able to prove the same elements of negligence found in a personal injury claim in order to seek compensation for the losses you and your family have endured, such as:

• Duty of care – You must establish that the other party owed your loved one a duty of care, meaning he or she had a legal obligation to prevent injury or death. For example, in a wrongful death case caused by a motor vehicle accident, the other party had a duty to follow traffic laws and drive safely on the road.
• Breach of duty – You must show that the other party breached the duty of care owed to your loved one. Perhaps the other party failed to act as a reasonable person would have done under similar circumstances by driving carelessly and causing the accident that led to your loved one’s death.
• Causation – You must establish that a causal or direct link exists between the other party’s breach of duty and the loss of your loved one. In other words, had the other party not acted negligently, your loved one would not have died. Proving this element can be difficult without a qualified attorney by your side.
• Damages – You must show that the untimely death of your loved one resulted in damages, such as medical expenses, funeral and burial costs, lost income and other related losses.

The ability to meet these requirements can quickly become difficult and confusing for anyone who does not handle these types of claims on a daily basis. Our Minneapolis wrongful death lawyers have the legal knowledge, skills and resources needed to fight for your best interests. We are ready to handle all aspects of the claims process.

Schedule your free consultation today by calling (612) TSR-TIME.

Damages Determined in a Wrongful Death Case

Damages in a wrongful death case are awarded to help compensate the pain and suffering of the decedent, as well as the harm the family experiences following the unexpected death of their loved one.

There can be several factors the court considers when determining the amount of damages awarded to the decedent’s survivors. This may include considering the type of relationship that existed between the family member or trustee and the deceased, as well as looking at details about the deceased person’s life at the time of death, like:

A wrongful death case may include compensation for economic and non-economic damages, such as:

• Medical expenses for the care, treatment and hospitalization the deceased required before death
• Reasonable funeral and burial costs, including cremation services and grave markers
• Loss of income, wages and benefits the deceased would have earned if still alive
• Loss of services or goods provided by the deceased, such as an allowance or inheritance
• Pain and suffering the deceased endured from the point of injury and leading up to his or her death
• Loss of companionship, care and affection suffered by the surviving family members

Wrongful Death Statute of Limitations

Each state has a deadline for filing a wrongful death claim, which is often referred to as the “Statute of Limitations”. Failure to file within time specified for a specific lawsuit may result in the dismissal of your case and your ability to recover damages.

In Minnesota, the statute of limitations generally gives survivors three years from the date of death to file a claim against any liable party or parties. However, that deadline could be earlier or later because each case is unique. In short, a different deadline may apply for you, and it will depend on the circumstances of your loved one’s death. Do not leave this opportunity to get some type of justice for your loved one to chance.

If you have any questions about the statute of limitations or are unsure if your time to file has passed, we encourage you to reach out to our firm today. We can review the details of your situation and determine the options that may be available for your specific claim.

Give us a call at (612) TSR-TIME or fill out our free online form today.

Contact a Minneapolis Wrongful Death Attorney

Losing a loved one unexpectedly can be a devastating experience for family members, relatives and friends of the victim. It can be even more difficult if the fatality was the result of reckless or negligent behavior from another individual or as a result of a product malfunction. At TSR Injury Law, our Minneapolis wrongful death attorneys are ready to review the details of your claim and to help recover the damages you may be eligible to receive. We can answer any questions you may have, handle the legal paperwork and protect your interests.

Schedule a risk-free consultation with a lawyer at our firm today. There is no obligation to pursue legal action and there are no upfront fees if you hire us. We only get paid if we recover compensation for your case. Our law office is conveniently located less than 10 minutes from Centennial Lakes Park and we are ready to help you today.

Learn more about your rights by calling (612) TSR-TIME.

Choosing to take legal action after the unforeseen loss of a family member can be a tough choice, but it can be a significant part of the healing process knowing that the responsible parties are being held accountable for their negligence.

The Bloomington wrongful death lawyers at TSR Injury Law understand that this is a difficult and emotional time, and we want to help. We are prepared to answer any questions or concerns about filing a wrongful death claim. We have many years of experience providing legal assistance to Minneapolis residents and have a proven history of obtaining millions in compensation for our clients. Partner Charles D. Slane has handled many different types of wrongful death cases and currently sits on the Board of Governors for the Minnesota Association for Justice.

Contact our legal team today to learn more about how a wrongful death claim may benefit you and your loved ones. There are no upfront legal fees involved for our services and we only paid if we are successful in recovering compensation for you.

Call (612) TSR-TIME or fill out our free online form 24/7.

How is a Wrongful Death Defined?

Section 573.02 of the Minnesota Statutes defines wrongful death as one that is caused by the wrongful or negligent acts of another party. If alive still, the decedent could have pursued a personal injury claim for his or her injuries.

Some incidents that may result in a wrongful death include:

If you need legal help to determine whether you may have a case, we encourage you to contact a wrongful death attorney at our firm to review the details of the incident. Your initial consultation is free of charge.

Contact our office today by calling (612) TSR-TIME.

Compensation Available in Wrongful Death Cases

The purpose of a wrongful death claim is to obtain compensation for the life of the deceased. Surviving family members or the appointed trustee may be eligible to recover economic and non-economic damages caused by the wrongful death, including:

• Reasonable cost of medical expenses related to the deceased person prior to death
• Funeral and burial expenses, such as cremation services, grave marker or burial monument, the cost of a coffin and cemetery lot, caring for the lot and anything else needed for burial
• Lost wages, benefits and other financial losses the deceased person would have earned if still living
• Loss of guidance, protection and care suffered by the surviving family members due to the death
• Pain and suffering the deceased person endured prior to death

In order to recover these types of damages, the family or trustee must first prove that the family or estate suffered a pecuniary loss, otherwise known as a loss of money or things of value.

Although no amount of money could ever compensate for the loss of a family member, a wrongful death claim may help you to hold the at-fault party accountable for his or her negligent actions. A Bloomington wrongful death attorney is prepared to help you pursue justice for your loved one.

Who Is Eligible to File a Wrongful Death Claim?

Minnesota law explains who may file a wrongful death claim on behalf of the deceased. This could include the following parties:

If you are considering this type of legal action, we recommend that you consult with a qualified lawyer. Pursuing a wrongful death lawsuit can be complex, and our firm can help determine whether you are eligible to bring a claim.

Call (612) TSR-TIME now for our free consultation.

Deadline for Filing a Wrongful Death Claim in Minnesota

Wrongful death claims are subject to a statute of limitations, which sets a specific deadline for filing a lawsuit after an accident. In Minnesota, the statute of limitations for wrongful death is generally within three years of the incident that caused your family member’s death.

However, each case is unique, so the timeframe will depend on the cause of your family member’s death. This is why it is generally a wise decision to take legal action as soon as you can. Failure to file a claim within the designated deadline will likely result in the court dismissing your case.

An experienced Bloomington personal injury lawyer can determine if you may be eligible to file a wrongful death claim and if there are any exceptions to the deadline that may apply to your particular situation.

Required Evidence in a Wrongful Death Case

To build a solid wrongful death case, the legal team at TSR Injury Law will thoroughly investigate every detail of the incident. We can advocate for just recovery and negotiate with the insurance company on your behalf to try and reach a fair settlement. This requires certain proof that the negligent party is liable.

If we represent you, an attorney from our firm will work tirelessly to try to determine the events that led to your loved one’s death. We can then help you gather supporting evidence to show why the other party’s negligent or careless actions are responsible. Once we have established his or her negligence, we can calculate the damages you and your family has suffered has a result of this loss.

Some of the evidence we may obtain include:

Learn more about the legal process by contacting us for a free and confidential consultation. There is no risk or obligation if you decide to take legal action.

Contact a Bloomington Wrongful Death Attorney

If a family member has been fatally injured as a result of someone else’s negligence, it is important to have trusted legal representation on your side. A Bloomington wrongful death attorney from our firm can review your claim, determine your legal options, and discuss whether you may be eligible to obtain compensation. If you have a case and decide to move proceed with a lawsuit, we are prepared to protect your best interests and pursue fair compensation for your losses.

At TSR Injury Law, we can help answer any questions you may have about wrongful death claims during a free, no obligation legal consultation. You may fill out and submit our confidential case evaluation form 24 hours a day, seven days a week. There are no upfront fees for our services. We do not get paid unless we win a settlement for you.

Our office is conveniently located less than 15 minutes from the Bloomington Civic Plaza.

Our team is here for you. Call (612) TSR-TIME right now.