St. Cloud Wrongful Death Attorney

At Nelson Personal Injury, LLC, we understand that the loss of a loved one is devastating, especially when it occurs due to the negligent actions of another party. Our dedicated team of St. Cloud wrongful death attorneys is here to provide support, guidance, and expertise to families dealing with the emotional and financial burdens of a wrongful death.

As a family-run firm with two generations of experience, Nelson Personal Injury, LLC has proudly served St. Cloud and the surrounding central Minnesota communities for over three decades. Our attorneys are committed to holding wrongdoers accountable and ensuring families receive the compensation and justice they deserve.

What Is a Wrongful Death Claim?

A wrongful death claim arises when a person dies due to the negligence, recklessness, or wrongful actions of another party. In Minnesota, wrongful death claims are governed by specific statutes that allow a “trustee” to represent all heirs and next of kin of the deceased to pursue compensation for the losses resulting from the death. Wrongful death claims can arise from various circumstances, including car accidents, truck accidents, motorcycle accidents, construction accidents, and general negligence.

If you have lost a loved one in such an incident, it is essential to understand your legal rights and the process for filing a wrongful death claim. Nelson Personal Injury, LLC has extensive experience handling these complex and sensitive cases, offering compassionate support and guidance throughout the legal process.

Minnesota Law on Wrongful Death Claims

In Minnesota, wrongful death claims are governed by Minnesota Statute § 573.02. Under this law, a wrongful death claim can be filed by the surviving spouse, children, parents, or other next of kin. The law is designed to allow family members to seek compensation for the financial and emotional losses they suffer due to the wrongful death of their loved one.

To avoid multiple family members filing multiple wrongful death claims, the law requires that a trustee be appointed by the court to act as a representative for all of the heirs and next of kin.

The statute of limitations for filing a wrongful death claim in Minnesota is generally three years from the date of death. Still, it is essential to consult with an attorney as soon as possible to ensure your rights are protected and deadlines are met. If the statute of limitations is missed, your claim will be forever barred.

Common Causes of Wrongful Death in St. Cloud

Wrongful death can result from a wide variety of circumstances. Below are some of the most common types of wrongful death claims that occur that are handled by Nelson Personal Injury, LLC in St. Cloud, Minnesota:

Car Accidents

Car accidents are one of the leading causes of wrongful death in St. Cloud and central Minnesota. Distracted driving, speeding, driving under the influence, and reckless driving are just a few examples of negligence that can lead to fatal car crashes. If a loved one dies due to another driver’s negligent actions, a wrongful death claim may be pursued to recover compensation. This compensation can cover medical bills, funeral expenses, lost wages, and the pecuniary losses resulting from the crash.

Our attorneys will conduct a thorough investigation to determine the cause of the accident and gather evidence to build a strong case. We work diligently to hold negligent drivers accountable and fight for justice for grieving families.

Truck Accidents

Due to the size and weight of commercial trucks, truck accidents are particularly devastating. Collisions involving semi-trucks or commercial vehicles often result in catastrophic injuries or death. Negligence in truck accidents may stem from truck driver fatigue, improper vehicle maintenance, or violations of safety regulations.

Minnesota law allows families of those killed in truck accidents to pursue wrongful death claims against both the driver and, in many cases, the trucking company or other responsible parties. Nelson Personal Injury, LLC understands the complexities of truck accident cases and has the experience to hold all negligent parties accountable.

Motorcycle Accidents

Motorcycle accidents can be particularly deadly due to the lack of protection riders have compared to those in cars or trucks. Motorcyclists are more vulnerable to severe injuries; even a minor collision can result in fatal consequences. Common causes of motorcycle accidents include other drivers’ failure to see the motorcyclist, distracted driving, and failure to yield the right of way.

If your loved one has been killed in a motorcycle accident, we can help you navigate the complexities of a wrongful death claim. Our team will work to ensure you receive the compensation you deserve from negligent drivers and their insurers.

General Negligence

In addition to motor vehicle accidents, wrongful death claims may arise from other forms of negligence. This could include construction accidents, workplace accidents, defective products, and dangerous premises. General negligence claims require a thorough investigation to prove that the responsible party breached their duty of care, resulting in your loved one’s death.

At Nelson Personal Injury, LLC, we have a thorough understanding of Minnesota law and can help families recover compensation in wrongful death cases stemming from a variety of negligence claims.

The Process of a Wrongful Death Claim in Minnesota

The process of pursuing a wrongful death claim can be complex and emotionally taxing for the surviving family. Our firm is committed to guiding you through every step of the legal process to ensure that you understand your rights and options.

Below is an overview of the steps typically involved in a wrongful death claim:

1. Initial Consultation: Our firm offers a free consultation to discuss the circumstances of your loved one’s death and determine if you have a valid wrongful death claim. We will evaluate the facts of the case and provide legal advice on the best course of action.
2. Investigation: Once we take on your case, our attorneys will conduct a comprehensive investigation to gather evidence, such as accident reports, witness statements, medical records, and expert testimony. This evidence is crucial in proving liability and establishing the damages you are entitled to.
3. Appointment of a Trustee: Minnesota law requires that the court appoint a trustee, often a family member, to act as the representative for all of the heirs and next of kin of the deceased.
4. Filing the Claim: After gathering the necessary evidence, we will file a wrongful death claim on behalf of the eligible family members. This legal action will outline the negligent party’s negligence and the compensation sought for the family’s losses.
5. Negotiation: In many cases, insurance companies or the at-fault party may offer a settlement to resolve the claim. Our attorneys will negotiate on your behalf to ensure that any settlement offer adequately reflects the full extent of your losses.
6. Lawsuit and Trial: We will take your case to trial if a fair settlement cannot be reached. Our attorneys have extensive litigation experience and will present a compelling case in court to secure justice for your family.

Recoverable Damages in a Wrongful Death Claim

The damages in a wrongful death claim are intended to compensate surviving family members for the financial and emotional losses they have suffered. While no amount of money can replace losing a loved one, compensation can help ease the financial burden. Recoverable damages may include:

• Medical Expenses: Compensation for any medical treatment provided to your loved one before death.
• Funeral and Burial Costs: Reimbursement for the costs associated with funeral services, cremation, or burial.
• Loss of Income: Compensation for the wages and benefits the deceased would have earned if they had lived.
• Pain and Suffering of the Deceased: Minnesota law allows for compensation for the pain and suffering of the deceased incurred before their death.
• Loss of Companionship, Support, and Guidance: Emotional damages for the loss of companionship, guidance, and support the deceased provides to the surviving heirs and next of kin.
• Punitive Damages: In cases involving gross negligence or intentional wrongdoing, the court may award punitive damages to punish the responsible party and deter similar conduct.

How Nelson Personal Injury, LLC Holds Wrongdoers Accountable

We are deeply committed to helping families after a tragic accident at Nelson Personal Injury, LLC. As a family-run firm with two generations of personal injury expertise, we bring a unique perspective to each case. Our approach is client-focused, and we take the time to listen to your concerns and understand the full impact of your loss.

We take pride in our thorough investigations, skilled negotiations, and relentless pursuit of justice. Whether through settlement or litigation, we fight to hold negligent parties accountable and ensure that our clients receive the compensation they deserve.

Why Nelson Personal Injury, LLC Is Different

Nelson Personal Injury, LLC is a local, family-operated firm committed to serving the St. Cloud community. Our founder, Timothy Nelson, and his son and current owner, Matthew Nelson, have decades of combined experience in personal injury and wrongful death law. We understand that the aftermath of a tragic accident is incredibly challenging, and we are here to help you navigate the legal process with compassion and experience.

What sets us apart is our focus on personalized service. As a small firm, we take pride in our close relationships with our clients. When you work with us, you receive direct access to your attorney and ongoing communication throughout the legal process. We are dedicated to achieving the best possible outcomes for our clients.

The Importance of an Experienced Wrongful Death Attorney

Navigating the legal complexities of a wrongful death claim can be overwhelming, particularly during a time of profound grief. Having an experienced wrongful death attorney by your side is crucial to ensuring that your family’s rights are protected and that you receive the justice and compensation you deserve. Wrongful death claims often involve intricate legal processes, complex liability issues, and the need for a thorough understanding of Minnesota law.

An experienced wrongful death attorney can:

• Investigate the Circumstances: An attorney with expertise in wrongful death cases will know how to investigate the accident or incident that caused the death. They will gather crucial evidence such as accident reports, medical records, and witness statements to build a strong case.
• Determine Liability: Identifying all liable parties is key in a wrongful death claim. This can include not just an individual but companies, insurance providers, or governmental entities. An experienced attorney understands how to uncover all avenues of liability to maximize your compensation.
• Handle Insurance Companies: Insurance companies are often more concerned with protecting their bottom line than providing fair compensation. An experienced wrongful death attorney will have the negotiation skills to handle insurance adjusters and ensure that you are not taken advantage of during this vulnerable time.
• Evaluate Damages: A knowledgeable attorney will help you assess the full extent of the damages your family has suffered. This goes beyond immediate expenses like medical bills and funeral costs to include lost future earnings, emotional suffering, and loss of companionship.
• Provide Support During Litigation: If a fair settlement cannot be reached, your attorney must be ready and willing to take your case to trial. An experienced wrongful death attorney will have the courtroom experience needed to effectively present your case and fight for justice.

At Nelson Personal Injury, LLC, we understand how complex and sensitive wrongful death claims are. With decades of experience in Minnesota personal injury law, we are prepared to handle every aspect of your case, allowing you to focus on healing while we seek justice on your behalf.

What to Look for When Choosing a Wrongful Death Lawyer

Choosing the right wrongful death attorney is one of the most important decisions you can make after losing a loved one due to negligence. Your attorney will be your advocate, fighting for your rights and guiding you through the legal process during one of the most challenging times in your life. Here are some key factors to consider when selecting a wrongful death lawyer:

Experience in Wrongful Death Cases

Not all personal injury lawyers have experience handling wrongful death claims. These cases are unique and often more complex than other injury claims, especially when proving liability and calculating damages. It is essential to choose an attorney with a proven track record of success in wrongful death cases, particularly those involving car accidents, truck accidents, motorcycle accidents, and general negligence.

At Nelson Personal Injury, LLC, we have decades of experience handling wrongful death claims and understand Minnesota law’s nuances in this area.

Compassionate and Client-Focused Approach

Dealing with the legal aspects of a wrongful death claim can be emotionally taxing. You want an attorney who understands the law and approaches your case with compassion and sensitivity. Look for a lawyer who takes the time to listen to your concerns and truly cares about helping your family through this difficult time.

We pride ourselves on our client-focused approach at Nelson Personal Injury, LLC. We treat each case as our family, providing personal attention and clear communication throughout the legal process.

Strong Negotiation and Litigation Skills

Most wrongful death cases settle before going to trial, but it’s critical to choose an attorney who is both a skilled negotiator and a capable litigator. Your lawyer should be able to negotiate with insurance companies to secure a fair settlement, but also be prepared to take your case to trial if necessary.

Our attorneys at Nelson Personal Injury, LLC have extensive experience in settlement negotiations and courtroom litigation. We are not afraid to take on large insurance companies or negligent parties to ensure our clients receive the justice they deserve.

Reputation and Client Testimonials

One of the best ways to evaluate an attorney is by looking at their reputation in the community and client testimonials. Positive reviews from past clients can provide valuable insight into how the attorney handles cases, communicates with clients, and achieves results.

Nelson Personal Injury, LLC has built a strong reputation in St. Cloud and throughout Minnesota for our dedication to excellence and commitment to justice. We encourage you to read testimonials from our satisfied clients and see why so many families trust us during their most difficult times.

No Upfront Fees

Wrongful death cases can be financially overwhelming, especially with the unexpected costs of medical bills and funeral expenses. Look for a lawyer who works on a contingency fee basis, meaning you only pay legal fees if they successfully recover your compensation.

At Nelson Personal Injury, LLC, we operate on a contingency fee basis, so you do not have to worry about any upfront legal costs. We are only paid if we win your case, ensuring our interests align with yours.

Contact a St. Cloud Wrongful Death Attorney Today

If you have lost a loved one due to the negligence or wrongful actions of another party, do not hesitate to contact Nelson Personal Injury, LLC. Our experienced attorneys are here to guide you through the complexities of a wrongful death claim and help you seek justice for your loss. We offer a free consultation and work on a contingency fee, meaning you do not pay unless we win your case.

Let us be your voice in this difficult time. Contact Nelson Personal Injury, LLC today at 320-216-7651 for compassionate, knowledgeable legal representation.