Wrongful Death — A Legal Remedy After A Fatality
One of the most difficult things in life is losing a person you love. If your loved one’s death could have been prevented, the hurt is even worse. If you believe that the death of your spouse, child or relative was caused by the wrongful act of another, the personal injury lawyers at Patton, Hoversten & Berg, P.A. can help you.
Our skilled litigators will assist you in filing your action, and they will provide competent and aggressive representation during meetings, settlement negotiations and (if necessary) throughout trial. We’ll fight to ensure that the person who caused your loss is held responsible.
FYI: Understanding Wrongful Death And The Law
In common law (the law made by courts), if a person died as a result of injuries sustained through the fault of another, no negligence action could be brought. The thought was: Since the purpose of a negligence action is to compensate the injured person for his/her pain and suffering, and since that person is no longer living, there was no one left to compensate, so the legal action died as well. In later years, state legislatures recognized that a decedent’s pain and suffering were not the only losses that resulted from a death. The people who counted on the decedent for companionship, guidance, advice and support also suffer losses.
In Minnesota, the state legislature enacted a law — the wrongful death statute — that allows the next of kin of a decedent to bring a legal action, so they may be compensated for their losses. The action is brought by a trustee appointed by a court. The trustee’s job is to investigate the decedent’s death and bring a legal action against any negligent party causing the death, all on behalf of the next of kin. If a recovery is made from the negligent party, the court then distributes the recovery among the next of kin.
Do You Have A Claim? Ask An Attorney.
The law requires that wrongful death claims be commenced within a certain amount of time, or you lose your right to present any claim. Don’t delay in contacting an experienced Minnesota wrongful death lawyer today. Call us in Waseca at 507-835-5240, in Owatonna at 507-451-9000, in Faribault at 507-332-7425 or in Janesville at 507-234-5106. You may also request a consultation by calling our toll-free number of 1-888-835-5244. You may prefer to visit our Contact Us page to send an online message.