Approximately 40,000 people are killed in fatal car accidents each year in the United States, with about 40 percent of the fatal crashes being alcohol-related. That means a person dies in a car accident every 12 minutes. The leading cause of death for people between 2 and 34 years old is motor vehicle crashes.
Loss of life is a tragedy — made more difficult if it leads to financial insecurity. If a fatal car accident occurs because of another’s negligence, it is called wrongful death and the family is entitled to file a claim to recover monetary damages (Minnesota State Statute 573.02).
There are many guidelines that have to be strictly adhered to when filing a wrongful death claim. A trustee must be appointed by the courts, chosen to represent the spouse and blood relatives of the deceased. According to Minnesota State Statute, a wrongful death claim must be filed within 3 years of the death. It must also meet the criteria of being filed within 6 years from the accident. The court determines the proportionate pecuniary loss of those entitled to recover compensation and orders the monetary distribution accordingly.
Damages in wrongful death cases are limited to financial and emotional losses resulting from the death. Damages allowed include:
- Funeral expenses
- Burial expenses
- Medical expenses
- Potential earnings
- Loss of advice, assistance, protection, counsel, and companionship
Damages disallowed:
- emotional stress
- pain and suffering
In the event your family has been impacted by a wrongful death, you do not have to bear the financial burden alone. Minnesota state law allows for you to recover your financial losses. You will need to retain an experienced Minnesota Wrongful Death Attorney to ensure that every aspect of your claim is in order. Call TSR Injury Law at 612-362-0000.
You may not be drunk, but you may be alcohol impaired. That means that alcohol has lessened your ability to see and think clearly and the alcohol has slowed your reaction time. It also means you should not be operating a motor vehicle. Research shows that impairment begins sometimes as early as after the first drink.