Wrongful Death Lawyer Rosemount, MN

The grief and loss when someone close to you passes away is often magnified when you know that they died in an avoidable accident or due to the negligence or oversight of another person or entity (like the manufacturer of a consumer product your loved one may have used). If you lost someone close to you in this manner, you may have grounds to file a wrongful death lawsuit, per Minnesota personal injury law. A skilled Rosemount, MN, wrongful death lawyer can explain your legal options and what you can do to realize a sense of justice and closure.

At Bennerotte & Associates, P.A., we take your loss seriously and want to help you and your family hold the at-fault party accountable for their actions. We have decades of combined experience handling even the most complex wrongful death cases and have the resources and determination to help you get justice. Contact us today for a free consultation.

How Can A Rosemount Wrongful Death Lawyer Help My Family?

Wrongful death, legally speaking, is one in which the victim would not have passed away had another person or entity (like a healthcare facility, products manufacturer, etc.) taken proper care and due diligence in ensuring their safety.

Some common instances of a wrongful death include:

Car collisions
A traffic accident between your vehicle and a commercial semi-truck
Workplace accidents or occupational disease (like mesothelioma or heart disease)
Defective or contaminated consumer products, food, or drink
Pedestrian or bicycle accidents
Plane crash
Amusement park or water park accident
Swimming pool accidents or accidental drowning
Dog mauling or bites
Assault (battery or assault with a deadly weapon)

These aren’t the only wrongful death cases we handle; only some of the more common ones. The common denominator in all of these claims is that someone had responsibility for another’s safety and failed to that obligation, thus creating conditions in which your loved one passed away or leading directly to the death itself.

In some cases, the at-fault party may face criminal charges, such as in a case of assault. For example, in the OJ Simpson case, OJ was found liable for the deaths of his wife and friend in civil court, even though he was acquitted in criminal court. The burden of proof for civil cases is lower than that of criminal cases, so your family may achieve justice in civil court, even if you cannot in criminal court.

Compensation Available In A Wrongful Death Claim

Compensation in a wrongful death claim covers both your out-of-pocket losses (funeral and burial costs, for example) and intangible losses—the effect that your loved one’s death has had on your family.

Many plaintiffs in a wrongful death case feel uncomfortable putting a dollar value on the loss of their loved one and their grief. However, you have suffered losses, and you deserve to be compensated for the lack of financial contribution and support your loved one provided and your own grief and loss of companionship, consortium, and guidance. We compassionately value your claim and demand the maximum compensation available.

Do You Need Legal Advice After Losing Your Loved One?

If you’ve lost a loved one due to someone else’s negligence, we can help you. Contact Bennerotte & Associates, P.A., today for a free consultation with a Rosemount wrongful death lawyer.

Understanding The Legal Process For Filing A Wrongful Death Claim

Losing a loved one is a heartbreaking experience, and when that loss is due to the negligence or misconduct of another, the emotional toll can be even greater. As a Rosemount, MN wrongful death lawyer can confirm, surviving family members have the legal right to seek justice and compensation through a wrongful death claim. However, understanding the legal process for filing a wrongful death claim can be complex and confusing. This blog post will break down the steps involved to help families navigate this difficult process.

1. Determining Eligibility To File A Claim

Not just anyone can file a wrongful death claim. Each state has specific laws that determine who is eligible to bring forth the lawsuit. Typically, the following individuals may be eligible to file a wrongful death claim:

Immediate family members, such as spouses, children, or parents of the deceased.
Extended family members, like siblings or grandparents, in some states.
The executor or administrator of the deceased person’s estate.
In some cases, individuals who were financially dependent on the deceased may also have the right to file a claim.

It’s essential to consult with a wrongful death lawyer to understand your specific eligibility based on your state’s laws.

2. Establishing Grounds For A Wrongful Death Claim

To successfully file a wrongful death claim, the plaintiff (the person bringing the lawsuit) must prove that the defendant (the person or entity responsible for the death) acted negligently or intentionally, leading to the death. The key elements that must be proven in a wrongful death case include:

Duty of care: The defendant had a duty to act reasonably and responsibly to prevent harm.
Breach of duty: The defendant breached that duty by acting negligently or recklessly.
Causation: The defendant’s actions directly caused the death of the individual.
Damages: The family suffered losses as a result of the death.

3. Filing The Lawsuit And The Statute Of Limitations

Once eligibility and grounds for the wrongful death claim are established, the next step is to file the lawsuit. It’s crucial to act quickly because there are deadlines for filing, known as the statute of limitations. The statute of limitations varies by state, but generally, it ranges from one to three years from the date of death. Failing to file within this period could result in the loss of the right to pursue a claim.

A wrongful death lawyer can ensure that all legal documents are filed correctly and within the required timeframe.

4. Negotiating A Settlement Or Going To Trial

Most wrongful death claims are resolved through a negotiated settlement. The plaintiff’s lawyer will negotiate with the defendant or their insurance company to reach a fair compensation amount. If a settlement cannot be reached, the case may proceed to trial. In court, both sides will present their evidence, and a judge or jury will determine the outcome.

Conclusion

Filing a wrongful death claim is a complex legal process, but it is an important step toward seeking justice and compensation for the loss of a loved one. Understanding the process and working with a Rosemount wrongful death lawyer can help ensure that your rights are protected and that you receive the compensation you deserve. From determining eligibility to negotiating a settlement, a lawyer from Bennerotte & Associates, P.A. will guide you through each step, allowing you to focus on healing and remembering your loved one.