Wrongful Death

Wrongful Death

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 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 -- 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.     

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. 

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