Compassionate, Dedicated Wrongful Death Attorneys Ready To Help Your Family
If you have a loved one who was killed in an accident resulting from negligence, contact the experienced attorneys at Carlson & Jones, P.A., today. Our legal professionals are sympathetic to your situation and will handle your case with practiced care.
What Is Wrongful Death?
When someone is injured by the negligent act of another person or company, they can file a personal injury lawsuit. Wrongful death is an extension of that idea. In other words, any harmful act that would qualify for personal injury litigation if the victim had lived would qualify for a wrongful death action.
In addition to the degree of harm inflicted on the victim, the biggest difference between the two is who serves as a plaintiff in the case. Because the victim obviously cannot bring a lawsuit, a representative of the survivors files a lawsuit for the next of kin.
Can Anyone Sue For Wrongful Death?
Each state has its own laws about who has “standing” to file a wrongful death suit. It is usually defined by a person’s relationship to the victim. In many states, a surviving spouse or the victim’s children (next of kin) can file a claim.
Minnesota’s law does not allow such direct access. In Minnesota, the victim’s spouse or next of kin cannot sue directly. Instead, they petition a court to appoint a trustee. This person will file the lawsuit on the family’s behalf and distribute any compensation (earned through a settlement or jury award) back to the family.
Discuss Your Case With Lawyers Who Listen And Care
Carlson & Jones, P.A., is here when you need legal help – whether you were injured or have lost a family member to negligence. To tell us your story during a free initial consultation, call us at 855-762-6548. You can also fill out our online contact form and we’ll reach out to you.