Losing a loved one, especially due to an accident in the workplace, is a devastating and life-altering experience. No family is ever prepared, and the emotional and financial toll can be immense.
While wrongful death cases have declined by more than 50% in the past two decades and personal injury claims overall have decreased by over 45%, the downward trend does not erase the fact that these incidents still happen. And when they do, those left behind deserve answers and accountability.
Understanding your rights after a wrongful death can be difficult. As such, the services of experienced work accidents and personal injury at work lawyers in Minnesota become invaluable. Below, we share what wrongful death claims are and what steps you can take for justice.
An Overview of Wrongful Death Claims
A wrongful death claim is a legal action brought by the family members of an individual who has perished because of the negligence, recklessness, or intentional act of another party. In the context of workplace accidents, it can mean a fatality caused by unsafe working conditions, faulty equipment, employer negligence, or even a third party on the job site.
In Minnesota, eligible wrongful death claimants include the surviving spouse or children, parents, and other next of kin, such as siblings or grandparents. Rather than having multiple individuals file separate claims, the law requires the court to appoint a trustee to act on behalf of all heirs and next of kin. The trustee may or may not be a family member.
Workers’ Compensation vs. Wrongful Death Claim
While workers’ compensation delivers benefits for work-related injuries or death regardless of fault, it typically does not allow for broader damages. A wrongful death claim, on the other hand, holds the responsible party accountable and seeks to compensate for all losses.
Wrongful Death Damages
Economic damages are the tangible losses resulting from the wrongful death, including the following:
- Medical expenses related to the fatal illness or injury
- Loss of income that the deceased would have earned
- Loss of household services that the decedent would have provided
- Funeral and burial costs
Non-economic damages are subjective but just as significant. They may include the following:
- Pain and suffering the deceased endured before passing
- Emotional distress experienced by family members
- Loss of guidance, companionship, protection, and emotional support
How To File a Wrongful Death Claim
A wrongful death claim may not be the first thing on your mind after losing a loved one, but it could be a big help in your recovery. Whenever you’re ready, here are the steps you can take.
Step 1: Hire a Work Accident Attorney in Minnesota
Consult a qualified work accident attorney in Minnesota within six years of the wrongful death. This professional will guide you through the process from start to finish.
Step 2: Gather Evidence
Your lawyer will collect all necessary documentation to support your claim. Compile medical records, accident reports, witness statements, employment records, and expert testimony.
Step 3: Calculate the Impact
Study your case with your attorney and quantify both economic and non-economic damages. They will inform you of other potential damages for which you can seek compensation.
Step 4: Appoint a Trustee
Allow the court to appoint a trustee to represent all possible beneficiaries. This individual will have the legal authority to initiate the claim and be responsible for pursuing and managing it.
Step 5: File the Claim
The trustee, through the lawyer, will file the wrongful death claim. If you cannot settle through negotiation and litigation, they will take the case to court to fight for what you deserve.
Why Hire a Work Accident Attorney in Minnesota?
Work accident or personal injury at work lawyers in Minnesota are legal professionals who focus on cases involving injuries or fatalities that occur in the workplace. Here are the advantages they guarantee regarding wrongful death claims:
- Deep Knowledge of Minnesota’s Laws: Attorneys understand the local statutes and can navigate them effectively.
- Experience With Work-Related Injury and Death Claims: These experts have handled cases like yours; count on them to know what evidence is crucial.
- Advocacy for Maximum Compensation: They ensure you recover economically and emotionally, no matter what it takes.
- Support Through a Difficult Time: Lawyers give compassionate legal support so you can focus on grieving.
- Access to Various Experts: They can connect you with investigators, financial experts, and medical professionals to build a strong case.
Get in Touch with Osterbauer Law Firm Today
At Osterbauer Law Firm, we know that nothing can truly compensate for the unimaginable loss of a loved one. However, pursuing a wrongful death claim can give financial stability and a sense of justice.
Our team of personal injury at work lawyers in Minnesota takes pride in advocating for families affected by workplace tragedies, never letting them go through the process alone. We handle the case; you handle the healing and rebuilding of your life.
Osterbauer Law Firm sends sincere sympathies. Contact us for a consultation today and let us help you begin to move forward.
