Minneapolis Wrongful Death Attorney

Lost a Love One in a Tragic Accident Caused by Negligence or Wrongful Actions?

If you have unexpectedly lost a loved one, you want to do everything you can to protect your family. You also want a lawyer you can rely on to make sure the responsible parties are held responsible for their negligence. At the Minneapolis law offices of Fay & Associates, we handle wrongful death claims for families throughout Minnesota.

Contact us today at (612) 888-8354 for a free consultation.

What is Wrongful Death?

Wrongful death is a legal term describing a death caused by the negligent, reckless, or intentional actions of another person or entity. In Minnesota, like in other states, wrongful death claims are brought by the deceased person's surviving family members or representatives to seek compensation for their loss.

To succeed in a wrongful death lawsuit in Minnesota, the plaintiff must prove the following elements:

• Duty of Care: The defendant owed a duty of care to the deceased. This means the defendant had a legal obligation to act (or refrain from acting) in a certain way to ensure the safety and well-being of the deceased. For example, a driver owes a duty to other road users to drive safely.
• Breach of Duty: The defendant breached this duty of care through their negligent, reckless, or intentional actions. This breach can be demonstrated by showing that the defendant acted in a way that a reasonable person would not have acted under similar circumstances.
• Causation: The breach of duty directly caused the death of the deceased. It must be shown that the defendant's actions or inactions were a substantial factor in causing the death.
• Damages: The death resulted in specific damages, such as medical expenses, funeral costs, lost wages, loss of companionship, and other related losses that the surviving family members have suffered.

Who Can File a Wrongful Death Claim in Minnesota?

In Minnesota, a wrongful death claim must be brought by the trustee appointed for the next of kin. This trustee is often a family member and is appointed by the court to represent the interests of the deceased's estate and surviving relatives.

The following individuals are typically considered beneficiaries of a wrongful death lawsuit:

• Spouse: The surviving spouse of the deceased is usually the primary beneficiary and can claim compensation for the loss of companionship, emotional distress, and financial support.
• Children: The surviving children of the deceased, including both biological and adopted children, are also primary beneficiaries. They can claim damages for loss of parental guidance, emotional suffering, and financial support.
• Parents: If the deceased person was a minor or had no spouse or children, the surviving parents may be entitled to compensation. They can claim for the loss of their child, emotional distress, and sometimes financial contributions.
• Siblings and Other Relatives: In cases where there are no surviving spouse, children, or parents, other relatives such as siblings, grandparents, or other dependents may be considered beneficiaries. Their eligibility typically depends on the degree of financial dependence on the deceased and the nature of their relationship.

Types of Damages Recoverable in a Wrongful Death Claim

Damages in a Minnesota wrongful death case may include:

• Economic Damages: These cover quantifiable financial losses, such as medical expenses incurred before death, funeral and burial expenses, loss of the deceased's expected earnings, and loss of benefits (like pension plans or medical coverage).
• Non-Economic Damages: These compensate for intangible losses, such as pain and suffering, loss of companionship, emotional distress, and loss of consortium (the deprivation of the benefits of a family relationship).
• Punitive Damages: Although rare in wrongful death cases, punitive damages may be awarded in cases where the defendant's actions were particularly egregious or malicious. These damages are intended to punish the defendant and deter similar conduct in the future.

Contact Fay & Associates, LLC For A Free Consultation

Unexpectedly losing a loved one will shake your family to its core. Whether your loved one was killed in a car accident or was the victim of medical malpractice, everyone deals with a tragedy like this in a different way. We understand that different family members are looking for different ways to make things right.

After the wrongful death of your loved one, it is our job to help your family come to a consensus. Working closely with you and your entire family during this difficult time, we will answer all your questions and help you understand your options. As we discuss the possibilities, we will come up with a plan that works for everyone and protects the rights of your family.

Every family deserves a chance to get justice. Our firm has represented the families of everyone from doctors to homeless people in wrongful death cases. Like all our personal injury practice areas, we charge no fees until we recover the compensation you deserve.

Considering everything from pain and suffering to punitive damages, we will make sure you and your family are taken care of if you have lost a loved one in a case involving one of the following: