3 Factors to Consider Before Filing a Wrongful Death Claim

If your loved one has died in a preventable accident, you may be thinking about filing a wrongful death claim against the liable parties. It’s important that you learn as much as you can about the proceedings so you can avoid critical mistakes and take the necessary steps to give your case the best possible chance of success.

Read on to learn three factors to consider before filing a wrongful death claim:

1. Filing Eligibility 

Although dozens of individuals may be affected by an unanticipated death, only certain relatives of the deceased have the right to file a wrongful death claim in Minnesota, including the victim’s surviving:

• Spouse;
• Children;
• Parents;
• Grandparents; and
• Brothers and sisters.

It’s important to note that eligibility is typically hierarchical. In other words, siblings of the deceased may not file a claim if there’s a surviving spouse, child, parent, or grandparent. 

2. Deadlines 

In Minnesota, the statute of limitations for filing a wrongful death lawsuit is usually three years from the date of death. If you try to file the lawsuit after this deadline has passed, your case will almost certainly be dismissed. This may seem like a considerable amount of time, but it can take months to investigate a wrongful death, gather evidence, and negotiate for a settlement.

If you want to file a wrongful death claim against a municipal or state entity, you must provide written notice within 180 days of the death. This notice must contain a detailed description of the incident and the names of any government employees involved, as well as the total compensation you are seeking. If the agency denies your claim, you then have three years from the date of death to file the lawsuit.

There’s no statute of limitations for wrongful death cases involving intentional acts that constitute murder. 

3. Time-Sensitive Evidence 

Strong evidence is the bedrock of every successful wrongful death claim. You will need to prove both liability and damages in order to recover compensation, and much of the evidence needed to do so may be time-sensitive.

This is why it’s so important to contact an attorney as soon as possible. Your lawyer will be able to perform an immediate investigation to obtain key evidence while it’s still available. Your attorney can also help you avoid critical mistakes such as making a recorded statement to the opposing party or accepting an unfair settlement. 

Call 800-770-7008 to Discuss Your Case with a Minneapolis Wrongful Death Attorney 

If you want to file a wrongful death claim in Minnesota, contact the personal injury attorneys at Bradshaw & Bryant. We are passionate about helping families recover the compensation they need to regain their financial footing. Our lawyers will do everything in their power to help you pursue the settlement you deserve.

There’s no cost for the initial consultation, and we won’t charge any legal fees unless we win. Call 800-770-7008 or use our Online Contact Form to set up a case review.