A car accident can be catastrophic. In addition to damaging the car, the accident causes serious harm and injury. More worryingly, it may cause death. Recent statistics by the National Highway Traffic Safety Administration suggest that approximately 38,000 people have lost their lives due to car accidents.
That said, if your loved one died in a car accident that may have occurred due to someone else’s negligence, you might have recourse in law. Stated simply, you can file a wrongful death claim seeking compensation for your losses. While no amount of money can bring back a loved one, the wrongful death law sets out to ensure that victims of the deceased receive compensation for their losses.
Here is what you need to know about wrongful death in Minnesota and how a wrongful death attorney at the Patterson Dahlberg law firm can help you.
What is a Wrongful Death?
Put simply, wrongful death occurs when a victim of a personal injury accident dies due to someone else’s negligence. In simpler terms, it is a type of death that would not have occurred had the at-fault party acted reasonably.
What is a Wrongful Death Claim in Minnesota?
A wrongful death claim is a type of claim for compensation that arises following the death of a loved one. Typically, this type of claim sets out to ensure that the decedent’s family members are compensated for their losses and, at the same time, they are shielded from incurring further losses.
In simpler terms, it is a type of claim that the decedent would have initiated if they were alive.
Who can file a wrongful death claim in Minnesota?
Not everyone is eligible to file a wrongful death claim in Minnesota. The wrongful death statute only allows family members of the decedent to pursue the claim. However, family members are given priority in the suit. For instance, a decedent’s spouse has a superior claim and is eligible to file the claim seeking compensation.
If the spouse didn’t survive the deceased, the other family members have a right to initiate the wrongful death claim. Their eligibility will be based on their order in the consanguinity tree.
Noteworthy is that family members of the decedent can choose to appoint a representative. This helps streamline the compensation process and avoid legal hurdles that may arise.
However, there might be many issues relating to eligibility for a wrongful death claim. For this reason, it is imperative to have a wrongful death attorney guide you.
How can a Wrongful Death Attorney in Minnesota Help You?
A wrongful death attorney is vital in a wrongful death claim. This is because there are many issues relating to the deceased’s estate that may arise. As such, an attorney will help safeguard your rights and interests in the claim process. What’smore an attorney will provide a breakdown of the law applicable in your current situation and help you make an informed decision.
What is the Statute of Limitations for a Wrongful Death suit in Minnesota?
Like other claims, a wrongful death claim is governed by the statute of limitations. The statute of limitations provides the timeframe for filing a wrongful death claim in Minnesota. Put briefly, this legislation requires you to file a claim within three years after the death of your loved one.
Failure to file the claim within this timeframe renders your claim time-barred. As such, it may be quashed or thrown out.
Need help? Contact a Wrongful Death Attorney in Minnesota
If your loved one died in a car accident in Minnesota that may have occurred due to someone else’s negligence, you need to hold the at-fault party accountable. What’smore, you may be entitled to receive compensation for the losses associated with the death of your loved one, thus the need to file a wrongful death claim.
The attorneys at the Patterson Dahlberg law firm have experience handling wrongful death claims in Minnesota and will work hard to ensure that your claim is successful. Contact us today for a free case evaluation.