Wrongful Death Attorney in St. Paul
Compassionate Legal Support & Guidance
The unexpected death of a family member in an accident caused by someone else’s negligence is devastating and life-changing. The emotional pain and the monetary impact the loss has can be very damaging to the family. In these situations, you have the right to hold the at-fault person financially liable. While the ability to recover compensation will not bring your loved one back, it will relieve the financial damage resulting from the loss.
Wrongful death lawsuits exist because the deceased person’s life and livelihood were important, and the person who caused their death should not be exempt from the consequences. Under Minnesota law, you can recover loss of support, loss of companionship, medical expenses, funeral expenses, and other damages. The amount of money paid depends on the extent of the damage and the harmful act or negligence.
Damages in a wrongful death suit may be determined using several different pieces of information, such as:
- The age of the decedent
- Their earning capacity
- Their life expectancy, health, and intelligence
- The amount their loved ones relied on them
- The parental guidance they offered
At Rogosheske, Rogosheske & Atkins, PLLC, we will aggressively represent your interests and seek to recover just compensation. We’ll focus on the details of your case, allowing you to properly grieve and make provisions for the future. We will use our experience and our understanding of the way insurance companies work to help you.
Schedule a consultation by calling our St. Paul wrongful death attorney at (651) 413-9004 today.
Understanding Wrongful Death Lawsuits in St. Paul
In St. Paul, the heart of Minnesota, the loss of a loved one due to someone else's negligence can leave families grappling with not only emotional turmoil but also significant financial burdens. Local resources, such as the Minnesota Department of Public Safety, provide information on accident statistics and safety measures, highlighting the importance of accountability in our community. Understanding the local context of wrongful death lawsuits is crucial for families seeking justice and compensation.
Families in St. Paul often face unique challenges, such as navigating the complexities of local laws and insurance claims. The emotional and financial strain can be overwhelming, especially when dealing with funeral costs and loss of income. Our firm recognizes these pain points and is dedicated to helping families in our community find relief through wrongful death claims. We understand that every case is personal, and we can support you through this difficult time.
Moreover, the city of St. Paul is home to various community organizations that can provide additional support, from grief counseling to financial assistance. While we do not partner with these entities, we encourage families to explore these resources as they seek to rebuild their lives after a tragic loss.
At Rogosheske, Rogosheske & Atkins, PLLC, we are committed to representing the interests of St. Paul families. We will work diligently to pursue the compensation you deserve, allowing you to focus on healing and honoring your loved one’s memory.
What Sets Us Apart
Our team of skilled and understanding professionals proudly provides comprehensive and efficient services for all Clients.
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Serving St. Paul Since 1948
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Over 50 Years of Collective Experience
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Tens of Thousands of People Helped
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Hundreds of Jury Trials Handled
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Highly Involved in the Local Legal Community
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Prepare Every Case for Trial
The Spouse Exception
The Spouse Exception
- You may have noticed that spouses were not mentioned at all after children were removed and parents were added to the formula.
- This is because a spouse is assumed to be a constant possibility while blood relatives are acknowledged in the hierarchy.
- This essentially tries to ensure that any decedent has at least two people looking out for them and ready to file a wrongful death suit should the need arise.
- A spouse is always allowed to file for wrongful death but they do not preclude the layers of relatives.
- This means that a spouse can always file and, if there are no children, parents can file.
- If there is a spouse but no parents, both the spouse and siblings of the decedent can file and so on.
In wrongful death cases, the hierarchy of eligible claimants ensures that the deceased's most immediate family members have priority. This structure, while complex, aims to honor the deceased's close relations by allowing them to seek justice first. The involvement of spouses, in particular, reflects the traditional understanding of marital bonds as primary. It's essential to be vigilant about these structures, as failing to recognize where a claim fits within this hierarchy can result in legal setbacks or delays.
What About Friends?
- This is a question that is asked with surprising frequency in situations where wrongful death has significantly impacted the life of a non-relative who cares deeply for the decedent, especially if the decedent has no close relatives or none who will file the suit.
- Close friends, unmarried romantic partners, and roommates often desire to bring a wrongful death suit on behalf of someone they cared deeply for.
- This question also comes up if the person who caused the death gets away in criminal court. At this point, even a close coworker may want to see wrong admitted in the courts, even a civil one.
- Unfortunately, there are not a lot of options for anyone who is not a spouse or on the currently active relative tier of wrongful death filing. The reason for this is how wrongful death cases are arranged to pay compensation to a family deprived of a loved one and possibly a breadwinner.
- If all you want to see is a responsibility on the record, you have very few options.
- However, if you are eager to pursue the case no matter who gets paid in the end, you may be able to find a qualifying relative that you can legally represent.
The legal necessity of limiting wrongful death claims to relatives stems from the focus on familial financial remuneration. However, friends and non-relatives can still play a significant role in supporting those who can file a claim. Close friends can assist with evidence collection, emotional support, and helping manage logistics, providing invaluable assistance throughout the legal process.
Becoming or Hiring a Trustee
If the decedent’s next of kin gives written and court-approved permission to another person to take over the wrongful death case, this person becomes a trustee of the case and has permission to pursue the case independently without themselves being a direct relative.
In this situation, the trustee is often paid for their services and files a bond as security so they can dedicate their time and hire a lawyer for the case.
This arrangement allows for a number of possible situations including families too bereaved to handle a court case and deaths that happened far away from the family home.
It can also provide an opportunity for friends and non-qualifying family members to become a part of the wrongful death case by acting as invested local trustees.
Whether you are a grieving surviving relative or a close friend looking to see justice for an insensible tragedy, you are not alone.
It’s an unfortunate truth that wrongful death cases happen all the time due to negligence, recklessness, or omission.
When this happens, you can get the justice and compensation for your tragedy that you and your decedent loved one deserve with the help of an experienced wrongful death lawyer.
Understanding the role of a trustee can broaden the potential for justice in a wrongful death case. Trustees can bridge the gap for those unable to initiate a claim themselves due to emotional overwhelm or geographic distance. In Minnesota, particularly in urban centers like St. Paul, trustees often play a pivotal role in ensuring claims are filed promptly and managed effectively, reducing stress on grieving families.
Effectively Handling Wrongful Death Cases in MN
Wrongful death claims can be the result of many types of accidents. In Minnesota, wrongful death claims commonly arise from:
Car, motorcycle, truck, public transportation, boat, and ATV accidents
- Medical errors
- Medication errors
- Construction accidents
- Exposure to dangerous chemicals
- Defective products
- Assault
Sometimes wrongful death suits come after a criminal case. A wrongful death suit will have similar evidence, but with a lower standard of proof. Even if a defendant is found not guilty of a crime, you can still win a wrongful death case. With a lower standard of proof, that same person could be found liable for wrongful death.
By having an experienced St. Paul wrongful death attorney by your side, you have an advocate looking out for your future. This is important because your loved one may have made a significant contribution to your household income. It can be difficult to move forward while struggling to pay the accident-related expenses and dealing with other monetary losses. That is why Minnesota law allows you to seek a settlement from the negligent person or their insurance company.
At Rogosheske, Rogosheske & Atkins, PLLC, we first seek out a settlement by negotiating a meaningful amount that will allow you to move forward. If the insurance company doesn’t agree on just compensation, we can take the matter to trial, letting a jury decide. Jury trials are lengthy, but the awards tend to be larger. The course of action taken in your case is entirely up to you, and we will diligently work for you and will seek a satisfactory result.
Contact our wrongful death attorney in St. Paul today.
Frequently Asked Questions
How Does a Wrongful Death Claim Differ from a Criminal Case?
In Minnesota, wrongful death claims are civil lawsuits that differ significantly from criminal cases. A criminal case is brought by the state after an alleged wrongful act and focuses on punishing the offender, potentially resulting in fines, probation, or imprisonment. On the other hand, a wrongful death claim seeks monetary compensation for the heirs of the deceased. The burden of proof in a civil lawsuit is lower than in a criminal case, requiring the plaintiff to prove their case by a preponderance of the evidence, rather than beyond a reasonable doubt. This distinction makes it possible to win a wrongful death claim even if the accused is acquitted in criminal court. Pursuing a wrongful death claim can bring financial relief and a sense of justice to families, even when criminal proceedings aren’t possible or successful.
What is No-Fault Insurance & How Does it Apply?
No-fault insurance is prevalent in Minnesota and plays a crucial role in car accident-related wrongful death cases. It ensures that victims' families can receive compensation from their own insurance companies regardless of who was at fault in the accident. This type of insurance swiftly covers medical expenses and lost earnings, providing support for immediate financial challenges. However, no-fault insurance doesn’t account for pain and suffering or other non-economic damages, which can be pursued through a wrongful death lawsuit. When navigating the intricacies of insurance claims and wrongful death suits, having a knowledgeable attorney from Rogosheske, Rogosheske & Atkins, PLLC can help clarify which compensations are accessible and ensure that families maximize their potential recovery.
Critical Steps to Take After a Fatal Accident in St. Paul?
In the unfortunate event of a fatal accident, taking prompt and informed steps can significantly affect the outcome of a potential wrongful death claim. Immediately after the incident, it's crucial to make detailed records, including photos and witness information, if possible. This initial documentation can provide pivotal evidence for your case.
Additionally, contacting a legal professional promptly can make a big difference. Experienced attorneys from Rogosheske, Rogosheske & Atkins, PLLC can guide families through each necessary step, from dealing with insurance adjusters to filing necessary documents. In urban environments such as St. Paul, where road and intersection conditions may impinge upon incidents, understanding the local factors involved is equally important. This can play a pivotal role in substantiating claims, especially in cases involving complex liability.
How is Liability Determined in a Wrongful Death Case?
Determining liability in a wrongful death case can involve several key factors. These include establishing a duty of care owed by the defendant to the deceased, proving the breach of that duty, and demonstrating that the breach directly led to the fatal incident. Evidence collection is vital and may encompass witness testimonies, expert opinions, and forensic analysis. Our team at Rogosheske, Rogosheske & Atkins, PLLC helps families in St. Paul gather relevant evidence and build a strong case. We understand the importance of meticulous preparation, as it increases the likelihood of a favorable settlement or verdict. The local court system, including the Ramsey County District Court, is where these cases typically unfold, and having a firm familiar with the judicial environment can make a significant difference.
What to Know About St. Paul Wrongful Death Litigation?
St. Paul, as part of the Minnesota legal landscape, has specific protocols that influence wrongful death litigation. Understanding these can be advantageous when pursuing a lawsuit. The local courts follow specific procedures that govern the filing, documentation, and presentation of wrongful death cases. These protocols are in place to ensure a fair and comprehensive process, from the initial filing to the final adjudication.
For families considering a lawsuit, knowing what to expect can ease the process. From the discovery phase, where evidence is exchanged, to potential depositions and negotiation efforts, every step requires careful attention and professional legal guidance. Attorneys at Rogosheske, Rogosheske & Atkins, PLLC are well-versed in the procedural nuances of St. Paul's court system, offering clients strategic advice and representation. By aligning with local legal standards, we aim to provide effective advocacy focused on securing the best possible outcomes for our clients.
Contact our wrongful death attorney in St. Paul today.
