How to File a Wrongful Death Lawsuit
After the loss of a loved one, there is nothing you can say or do that will bring them back. Yet, if you’ve lost a loved one due to a wrongful act or omission of someone else, you can pursue compensatory support by filing a wrongful death claim.
Do You Have a Wrongful Death Case?
First, it’s important to determine if you’re eligible to file a wrongful death lawsuit. Wrongful death can result from any type of fatal accident, such as a car accident, bike accident, pedestrian accident, or an accident in the workplace.
Not every accident results in wrongful death, however. Wrongful death occurs when someone dies due to the wrongful or negligent actions of someone else.
For example, if your loved one passes away in an accident caused by a texting driver or drunk driver, there’s potential for a wrongful death claim.
Who Can File Wrongful Death Claims in Minnesota?
To file a case in Minnesota, you must be a surviving family member of the deceased. This includes the:
- Surviving spouse
- Surviving children
- Surviving parents if there are no surviving children
- Siblings if there are no surviving parents or children
It’s also important to note that you only have three (3) years from the time of the death to file a lawsuit in Minnesota.
How a Wrongful Death Attorney Can Help
If you’ve determined that you may have a case, we recommend reaching out to a professional wrongful death attorney to help you through the legal process. Filing a wrongful death claim is something you shouldn’t try to handle alone.
There are many steps involved, including filing a complaint, following the service of process and more. And this is only to get the ball rolling—depending on the type of case, it could take a few months to a couple of years to reach a resolution.
A successful wrongful death case requires proof that an act of negligence or omission caused the death of your loved one. And oftentimes, this is challenging to do as there are many moving parts. An attorney can help.
Have a Wrongful Death Claim? We’re Here to Support You.
The attorneys at Brazil Law Group understand the overwhelming challenges that come with losing someone close to you. Yet, we also understand the ins and outs of wrongful death claims and have years of experience in the courtroom.
If you’d like to speak with someone about your potential case, give us a call at 612-874-6109 or send us a message.