Minnesota Wrongful Death Attorney
If you have recently lost a family member, we at Cotter Law
Offices extend our sincere condolences. You not only need to deal with grief,
legal and financial concerns, but if you feel the death resulted from
negligence, you need to determine whether to pursue a claim for wrongful death.
A Minnesota wrongful death attorney will be able to evaluate
your case, explain your legal position, and advise you on how to proceed. It is
extremely important to consult with a lawyer before discussing the case with
anyone else - insurance company representatives, police, other victims, friends
or co-workers. In that way, you will preserve your right to fair compensation.
It is also important to begin a wrongful death claim as soon as possible, in
order to allow your attorney the opportunity to build the strongest case on
your behalf.
Free consultations regarding wrongful death
As a lawyer, I believe in our system of civil law. I feel
every victim, particularly one who may have suffered a loss due to wrongful
death, has a right to representation by counsel with appropriate experience. If
you would like to arrange a free, confidential consultation about your
case, please contact Cotter Law to arrange a meeting.
I will listen to you, including your description of the impact
the death has had on your life. When I have reviewed the facts, I will give you
frank advice, based on my experience representing clients in wrongful death and
other large cases. At all times, I will provide compassion and support, helping
you navigate this difficult process with dignity.
Patrick L. Cotter, Minnesota Wrongful Death Attorney
Call 651.686.5347 for a free consultation
My practice is centered on the Twin Cities (Minneapolis-St.
Paul area). However, I do travel throughout Minnesota to communities including
Duluth, St. Cloud, Mankato and Rochester on behalf of clients in cases
involving wrongful death and permanent, serious personal injury.
I am a trial lawyer with extensive experience in large and
challenging cases. See Attorney Profile and How We Win.
Wrongful death: Minnesota law
Under the laws of Minnesota, a wrongful death claim may stem
from a car accident, a construction site accident, a drunken assault, medical
malpractice, or any number of careless or negligent actions. If you have lost a
relative as a result of the negligence of another, your lawyer will file a
claim on behalf of a trustee (usually a family member) appointed by the court.
The trustee will represent all close relatives of the victim. There are strict
deadlines for filing wrongful death claims, and critical evidence may be harder
to analyze over time, so it is extremely important to begin the process as soon
as possible.
As a wrongful death lawyer, I work tirelessly to demonstrate that the fatal incident
was a wrongful death. To succeed in a wrongful death case, we must prove the fault of
the opposing party is equal to or more than the fault of the deceased.
Damages in a wrongful death case consist of financial contributions the
deceased would have provided to the surviving family members, which includes
salary and wage loss. In addition, surviving family members are allowed to recover
damages for the contributions the deceased would have provided by way of
comfort, advice, assistance, counsel, and companionship. However, Minnesota law will not allow surviving family members to recover monetary damages for
grief, sorrow, pain, and suffering in a wrongful death case.
A wrongful death lawsuit must begin within three years of the
death or it will be barred.
Wrongful death of an unborn fetus
Minnesota wrongful death law has been extended by the courts
to provide damages to a family for the death of an unborn child, if the fetus
was viable. This applies to cases involving medical malpractice, violent
assaults on the mother and negligent auto accidents.
Minnesota dram shop law: alcohol-related wrongful death
An alcohol-related death claim, including a drunken driving
accident claim, is referred to as a dram shop case. If your relative was killed
in a drunk driving accident, a drunken assault, or another alcohol-related
incident, you may have a claim against the bar, restaurant or liquor store that
provided the beer or liquor. In a dram shop case, there is no trustee - each
individual heir or next of kin must bring an individual claim.
The sale of an alcoholic beverage is illegal if the person who
will consume the liquor is obviously intoxicated. As your lawyer, I will
conduct a thorough investigation in order to identify witnesses to testify on
behalf of your claim. The sale of alcohol to minors is also illegal. A claim
may be brought against the person or company that provided alcohol illegally.
The court may determine a wrongful death dram shop claim is valid, even if the
deceased was a drunk driver in a fatal car accident.
Wrongful death cases against dram shops have strict, statutory
deadlines. Notice of the claim must be given within 240 days of hiring an
attorney, and a lawsuit must begin within two years of the illegal sale of
alcohol.
Examples of wrongful death
A death caused by the negligence, carelessness, malpractice
or inaction of another is, under the laws of Minnesota, wrongful death.
Attorneys may recover compensation for clients in cases involving the following
types of incidents:
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Drunk driving auto wrecks
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Speeding or careless driving car accidents
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Truck accidents
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Medical malpractice |
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Failure to maintain safe premises
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Construction accidents
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Shooting deaths due to mistaken identity
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Suicide of a confined person |
Contact a wrongful death lawyer
If you feel that the death of your spouse, child, parent or
other close relative may have been caused in part or in whole by the negligence
of another, I urge you to contact a wrongful death lawyer as soon as
possible. Your attorney will then be able to build the strongest case on your
behalf and see that you recover compensation you need and deserve.
If you would like to arrange a free consultation, call
651.686.5347 (my office) or 651.214.8624 (my cell), or e-mail me. If you
are unable to come to my office, a meeting can be arranged at a convenient
place. We have Spanish, Hmong and Somali interpreter services.
Minnesota wrongful death lawyer Patrick L. Cotter, serving clients in the Twin Cities, Rochester, St. Cloud, Mankato, Duluth and other Minnesota communities
Cotter Law Office, PLLC
Patrick L. Cotter, Attorney & Counselor at Law
1060 Dakota Drive, Suite 204 · Mendota Heights, MN 55120
Phone: 651.686.5347 · Cell: 651.214.8624 · Fax: 866.686.5488
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