Coming To Terms with Your Loss
When your spouse, parent or child dies because someone or some organization did not act reasonably or carefully and death resulted, survivors are entitled to pursue legal claims under the theory of a Minnesota wrongful death claim, or death by wrongful act. There are many ways that accidental death occurs – whether by car accident, hospital or medication error, electrical or mechanical malfunctions, house fires, burns at work or home, drunken drivers or boaters, construction collapses, or failures to supervise children or adults with special physical and developmental needs. There are many ways that death occurs but the simple concept of unreasonableness is always the same.
This form of claim exists even when death is not instantaneous or even within a short time following the injury. The question rather is whether the injury set in motion a series of events that led to the loss of life.
There are two important times that you must observe:
1) A trustee to present the claim must be appointed in the Court with three years of the date of death;
2) The suit for damages must be served within three years of the date of death (two years if improvements to land)
The theory of recovery is simple and straightforward. Human relationships are of great value and as a survivor you should not be made absorb your family’s loss without compensation from the wrongdoer.
Minnesota wrongful death laws direct the judge to tell the jury that it is their duty to award fair and reasonable compensation to offset the survivors’ losses. Jurors may consider the purely economic factors such as loss of income and job or retirement benefits, like healthcare or 401K or pension contributions. They may also consider the services that your spouse, parent or child would have provided to you or to your children or to your household. The jury may also consider the priceless losses of aide companionship, comfort, and advice. All these losses are to be measured by the shared years of the natural life that are no longer available to you.
As attorneys who have consulted, advised and litigated claims for injuries and death decades, we are sensitive to the needs of family members dealing with the loss of a family member due to the tragic loss of a loved one. We know it is important to hold the wrongdoer accountable to receive fair compensation the family, but also to do what we can to protect other from similar harm. We will carefully investigate all the relevant facts in the case and work aggressively to enforce your rights and to explain how the loss of your family member has changed the survivor’s lives.
We would be pleased to meet with you either in our offices or at your home to discuss a free consultation in your case.
Attorney Kenneth L. LaBore and Attorney Suzy Scheller each have independent firms but affiliate on a case by case basis to bring the correct match of trial attorneys for each client’s needs. Although the client gets the benefit of a team of experienced legal advisors the fee is not increased for the client. There is no fee charged unless a recovery is made.
This website is not to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation. In addition to providing related information this blog may also be considered an advertisement for legal services.
If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota , please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to klabore@MNnursinghomeneglect.com , or call Ken at 612-743-9048.