Wrongful death settlements aim to provide some financial relief and justice for families who are often left with significant financial burdens as they deal with the grief of the loss of their loved one. Here’s some advice on how to navigate a wrongful death settlement in Minnesota.

Statute of Limitations for Wrongful Death Claims

A wrongful death claim in Minnesota must be filed within three years of the death, but no more than six years from the date of the incident that caused the death. The purpose of the action is to recover damages on behalf of the surviving family members for their loss, which may include compensation for lost income, emotional suffering, and other financial burdens resulting from the death.

Who Can File Wrongful Death Claims

In Minnesota, a wrongful death action can typically be brought by the trustee appointed by the court to represent the family of the deceased. This trustee is usually a family member, such as a spouse, parent, or child, but the court must formally appoint this individual. The trustee acts on behalf of the surviving family members and the deceased’s estate to pursue a wrongful death claim.

The potential beneficiaries include the surviving spouse of the deceased, as well as the deceased’s children, which can be biological or legally adopted. If there is no surviving spouse or children, the deceased’s parents may be eligible to bring a claim. In cases where no spouse, children, or parents are present, other next of kin, such as siblings or relatives who were financially dependent on the deceased, may also have the right to seek compensation.

Assessing the Value of a Claim

Courts and insurance companies consider both economic and non-economic damages when assessing a claim. Economic damages refer to the financial losses directly related to the death, such as medical expenses incurred before death, funeral and burial costs, and lost future earnings. These are relatively straightforward to calculate, though expert testimony from financial professionals is often needed to estimate the full extent of lost future income.

Non-economic damages are more subjective and include compensation for pain and suffering, emotional distress, and loss of companionship. These damages can be more difficult to quantify, but they are just as important in a wrongful death case. An experienced attorney can help present a strong case for these non-economic losses, ensuring the family receives fair compensation.

Negotiating with Insurance Companies

Most wrongful death claims are settled out of court through negotiations with the at-fault party’s insurance company. While insurance companies are obligated to compensate victims, their primary goal is often to settle claims for the lowest amount possible. In many cases, the initial offer is just a starting point for negotiations. A fair settlement should provide compensation that reflects both the immediate and long-term financial impact of the wrongful death.

Considering a Trial

If negotiations fail to result in a satisfactory settlement, the next step may be to take the case to court. While many wrongful death cases are resolved through settlements, a trial may be necessary if the insurance company refuses to offer fair compensation. Going to trial can be a lengthy and expensive process, but it may be the only way to secure the compensation you deserve.

For help in navigating a wrongful death settlement, contact Justice Served Coalition here in Maple Grove, MN, for a consultation. Our experienced team is ready to provide legal guidance and help through every step of the process.