A wrongful death lawsuit alleges that someone was killed as a result of the negligence or other fault on the part of another individual or company and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the wrongdoer's conduct. This type of claim did not exist under what is known as the "common law," that body of law which includes the general legal principles which were passed from England to the United States and which have developed over the years since the United States became an independent country.
The reasoning was that the claim died with the victim and that the surviving family members could not claim damages from the person who caused the victim's death. Legislatures in all 50 states have passed laws providing a right to compensation for the families and children of persons killed by another's negligent act, as a result of an automobile accident, medical malpractice, use of a defective product or other causes.
How does Minnesota law work in wrongful death cases?
Under Minnesota law, the surviving spouse and children of the decedent are allowed to make claims for their losses, as are the parents, grandparents, brothers and sisters of the person killed due to another's negligence.Wrongful death cases can be complex and time-consuming, requiring the investment of substantial resources.
Minnesota law requires proof of "pecuniary" loss in wrongful death cases. Pecuniary loss means the loss of money or things that have monetary value. This includes not only the value of the loss of the deceased person's earnings, but also the services he/she provided, whether around the home, caring for the children, or in other ways. In addition, however, Minnesota law has expanded to include the loss of the aide, comfort and love of the deceased person as part of the "pecuniary" loss.
Contact experienced attorneys
Wrongful death cases require experienced attorneys to maximize the recovery for the family of a person killed by another's negligence or fault. Lommen Abdo has a reputation as a firm with formidable litigators and in-depth knowledge of wrongful death and personal injury law. Our litigators will aggressively pursue your interests. Lommen Abdo has attorneys that have been on the Minnesota Super Lawyers® list in litigation and appeals, Rising Stars in litigation, “Leading Minnesota Attorneys” in litigation, and others who are listed among the “Best Lawyers in America” in litigation.
Lommen Abdo’s attorneys also understand the impact an unexpected death has on individuals and families. Firm members know that it is important to combine this understanding with their advocacy skills, while striving to successfully resolve wrongful death claims for their clients.
If your loved one has been killed as a result or fault of another, consider contacting a Lommen Abdo trial attorney for additional information about a wrongful death claim. He or she can advise you of your rights and responsibilities and can answer questions specific to your case. Lommen Abdo only receives a fee for legal services if our client receives money from the parties responsible for the death.
Act promptly so that any claim you may have does not become time-barred. Lommen Abdo is a Leaders Forum Member of the American Association for Justice (formerly the Association of Trial Lawyers of America).
We would be pleased to answer any questions you may have about the services of our Wrongful Death attorneys. Any questions may be directed to:
In Minnesota:
Bob King at 612-336-9348 orbob@lommen.com
In Wisconsin:
Thomas Jacobson at 715-381-7106 or thomasj@lommen.com
or any of the attorneys in this practice area pictured below.