Losing a loved one in a wrongful death incident is a devastating experience. Amidst the grief and turmoil, it is crucial to be aware of the legal aspects surrounding a wrongful death claim.
When you have lost a loved one due to someone else's wrongful actions, you and your family have suffered a personal injury for which you have the right to compensation. Your family has suffered several losses, depending on your situation along with your relationship to the deceased family member.
Your loved one may have played many roles in the life of you and your family members, including:
- A provider of financial support through the income that they earn;
- Giver of love and support to family members who rely on them; and
- The person with whom you have a physical relationship (when the deceased person was your spouse)
In addition, the sudden and tragic loss of a loved one likely has caused your family a significant amount of grief and trauma. These are also part of the personal injuries that your family has suffered, and the responsible party must compensate you.
The statute of limitations is a strict time limit on your ability to file a lawsuit, and it is one of the many reasons you must contact an experienced wrongful death lawyer in Minnetonka today. Your attorney can strengthen your position to file a wrongful death lawsuit.
How to Prove and Win a Wrongful Death Lawsuit
To win a wrongful death lawsuit, you need to prove that the death was, in fact, wrongful. In most cases, the basis for a wrongful death lawsuit is negligence. You will have to demonstrate that the responsible party did something unreasonable under the circumstances and caused the death of your loved one.
Examples of actions that can lead to a wrongful death lawsuit include:
- A driver veers out of their lane and strikes another car head-on in an accident;
- A product manufacturer sells a defective product that causes a fire;
- A property owner fails to install a carbon monoxide detector, leading to poisoning;
- A truck driver causes an accident because they are speeding;
- A nursing home neglects your loved one, leading to a fatal infection;
- A property owner fails to provide adequate security, and someone kills your loved one in a deadly attack;
- A doctor fails to promptly diagnose a medical condition that leads to a family member's death
You Need to Act in Time to Get Financial Compensation for Wrongful Death
No matter the wrongful action, your family may have the legal right to significant financial compensation. However, you must act in time to file a lawsuit to preserve your right to a settlement. The law does not allow you unlimited time to act, so you need to take steps to begin the legal process today, or your family may come to regret it in the future.
Minnesota law imposes a strict limitation on the amount of time that your family has to file a wrongful death lawsuit after a loved one has passed away. While Minnesota is on the more generous end of states when it comes to the statute of limitations, your legal right to financial compensation for the loss of a loved one will eventually expire. When this time comes, your family will no longer have the legal right to pursue the responsible party to get justice and accountability.
Hiring an attorney can ensure you file your claim within the statute of limitations. Missing the deadline can result in your claim being dismissed by the court, leaving you without the opportunity to seek justice and compensation for your loss.
You Have Three Years to File a Wrongful Death Case in Minnesota
The specific law in Minnesota is that you have three years from the date that your loved one died to file a wrongful death lawsuit. For example, if a car accident killed your loved one, you will have three years from the date of the accident to file a lawsuit, assuming that they died at the time of the crash. If they pass away several days later, the time clock will begin to run.
There are times when you may not know that your loved one's death was wrongful at the time that it happened. For instance, your loved one may have died from injuries suffered when they took a defective medication. Your family member may have developed cancer over time because there was a carcinogen in the drug, or the product may have hurt a specific part of their body.
For example, a certain diabetes medication ended up having alleged cancer-causing effects. This discovery was made years later, well after the time many users had already died. Minnesota law would allow families six years from the date of death to file a wrongful lawsuit because, in that situation, they did not know that the death was wrongful at first.
The Statute of Limitations Exists to Be Fair to the Defendant
The statute of limitations exists because of policy reasons. Laws often express a policy that aims to be fair to one or both parties in the lawsuit. Here, it is fundamentally unfair to the responsible party to leave them on the legal hook for unlimited time. Both parties to a wrongful death lawsuit will need to present their own evidence if the case goes to court. Just like you will show proof of negligence or other wrongful conduct, the defendant will also present evidence that may counter your case. This proof may only be available to them for a specific time. If you were allowed to file a wrongful death lawsuit at some distant point in the future, they would be unable to present their case effectively, and you may have an unfair advantage because you may still have available evidence.
The Statute of Limitations Is a Firm Deadline
The statute of limitations is an unyielding deadline in practically every instance, and there are very few reasons why your legal right to compensation stays when the statute of limitations expires. If the deadline passes, the court will dismiss your family's case, and the responsible party can escape all legal accountability for their actions. Even if the responsible party does not raise the statute of limitations as an affirmative defense (which is extremely rare when there is even a suggestion that the period has elapsed), the judge will raise the issue on their own and dismiss your case. The only way that you can have a chance to present your case is if you successfully appeal the dismissal, which is a tall task for any plaintiff.
You want to avoid explaining to a judge why one of the limited exceptions to the statute of limitations applies. Given the policy reasons for the statute of limitations, you must meet a very high burden to show that one of these exceptions applies. You may be facing long odds if you find yourself in this position, so the key is to act now so you do not have to make these arguments when you are facing the end of your wrongful death case.
The Statute of Limitations Can Lapse Before You Know It
Time can slip by faster than you think in a Minnesota wrongful death case. Your family is dealing with your grief and trauma, and the legal process may be the furthest thing from your mind. Do not let the fact that you have three years to file a wrongful death claim lull you into a false sense of security and make you think that you have all the time in the world to begin the legal process. There are many reasons why you will at least want to take the first steps to start the legal process now, even if you are not yet in a position to file an actual claim or lawsuit.
Hire a Wrongful Death Lawyer Now to Begin Your Case
One of the main reasons why you need to hire a wrongful death attorney now is that you will still need evidence to prove your case, no matter when you file it. Even though the nature of the injury that your family suffers is different, the legal rules are still the same in a wrongful death lawsuit. You will need to prove that the defendant (or responsible party) was negligent and that their actions caused your loved one's death. Like any other personal injury case, you will need evidence that proves how and why the defendant caused the death of your family member.
The evidence you need to prove your case may only be available for a fleeting amount of time. Once wrongful death case evidence is lost, it may be gone forever, and you may not have the proof you need to win your case. A wrongful death attorney will work to gather the evidence you need as soon as you hire them, even if it may be some time until it is most advantageous for them to file a lawsuit on your behalf.
Lawsuits Take Time, So You Must Act Now
Wrongful death lawsuits can take considerable time to resolve. The defendant and their insurance company may not be in a hurry to settle your case because they first want to know that you have the proof necessary to win. Then, they also may want to drag things out for as long as possible because they want an edge in the negotiation process. Thus, the sooner you file a wrongful death lawsuit, the sooner you can receive a settlement offer or jury award. However, you also need to be careful not to rush to file a wrongful death lawsuit solely for the sake of filing it. Your wrongful death lawyer must build a compelling case that gives you a sound chance of winning.
Finally, you will also need time to negotiate with the insurance company before the statute of limitations lapses if you try to resolve your case informally without a lawsuit. Since your compensation may be significant, insurance companies will only write such a substantial check after making you work for it. Your wrongful death attorney may even need to negotiate with them for over a year before they relent and pay you what you are due. Wrongful death lawsuits often occur right before the statute of limitations lapses when you cannot reach a settlement agreement.
Do Not Get a False Sense of Confidence Because You May Have Time
Do not think that you have time to wait to hire a wrongful death lawyer, no matter how much time the calendar tells you that you have. Retaining a wrongful death attorney to represent you means that you have taken care of a critical function that allows your family to focus on what you need during this difficult time. Your lawyer will roll up their sleeves and immediately get to work, giving you confidence that you have a fighter in your corner when needed. Just because you have a certain amount of time does not mean you must take all of it.
It Costs Nothing Out of Pocket to Get a Wrongful Death Lawyer in Minnesota
Filing a wrongful death lawsuit can be a complex and emotionally challenging process, which is why having an experienced personal injury attorney in Minnetonka by your side is crucial. Hiring a wrongful death attorney does not mean you have to make a significant financial commitment - in fact, there is no commitment at all necessary to get a lawyer working on your case. All you need to do is agree to pay a contingency fee that is based on a percentage of the proceeds of your case if and when your family wins by receiving a settlement or jury award. The first step is to contact a wrongful death attorney to schedule a free initial consultation. Then, you will decide if they are the right person to handle your case. There is no obligation when you take this first step to begin the wrongful death legal process.
If you have lost a loved one due to someone else's negligence or wrongdoing, it is essential to understand the statute of limitations that applies to wrongful death cases in Minnesota. Consult with an attorney with experience in wrongful death claims to protect your rights so that you can obtain the compensation you deserve.
Steve Fields
Founder | CEO | Principal | Attorney
Steve Fields founded Fields Law in 2001 and quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares. After more than 20 years, those clients continue to refer their friends and family whenever they have been injured or become disabled.
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