Nothing is more tragic than losing a loved one. Deaths caused by negligence often leave surviving family members emotionally destroyed, with a painful void in their lives. Family members may not immediately think about protecting their legal rights. The fact of the matter is, however, that such a tragedy often means lost income and financial hardship for survivors. Money cannot bring back a deceased loved one, but it is important that survivors do not suffer additional, unnecessary hardship. Our Rochester wrongful death attorneys assist those who have suffered through a tragedy. Call today to speak with a lawyer. Our firm also handles matters in Austin-Albert Lea, elsewhere in southeastern Minnesota, as well as in northeast Iowa and western Wisconsin.
Attorneys handling wrongful death cases in Rochester, Austin-Albert Lea, and other Minnesota communities
Wrongful death cases result from a death caused by someone’s negligent or intentional acts. Establishing liability on the part of the defendant requires two things. First, the defendant or defendants failed to live up to a responsibility, obligation, or legal duty. Second, the defendant’s or defendants’ failure to meet legal responsibilities caused the victim’s death. Minnesota is a comparative fault state: Survivors can recover damages as long as a jury finds the person who died was not at all or only partly responsible for an accident. Loved ones may still recover damages when a deceased person’s responsibility for the accident is determined to be 50 percent or less.
The first step in a wrongful death action is to identify all defendants. Then your lawyer contacts the involved insurance carriers and begins to deal with them directly. This allows survivors to focus on the important business of putting their lives back together as much as possible. If a fair settlement cannot be reached, it is necessary to initiate a lawsuit. After a complaint has been served, the process known as “discovery” begins. During discovery, information is gained from plaintiffs and defendants. Discovery focuses on the extent to which defendants either knew that a dangerous condition existed or failed to take measures that would have prevented the accident. If litigation is necessary, the case may be concluded at a trial presided over by a judge. Jurors decide the issues of liability and damages. It cannot be stressed enough that this is a complicated process. You need a lawyer who is very familiar with handling such matters.
Our Rochester attorneys handle wrongful death cases and have personally served our community since 1988. Once retained, Jim Suk and his office immediately begin identifying defendants and accumulating necessary evidence. We immediately contact the insurance carriers and, once the family’s financial losses can be reasonably calculated and the family agrees, we issue a settlement demand. If a settlement cannot be reached, we do not hesitate to file a lawsuit on behalf of the family. Our firm has long-standing relationships with experts necessary to establish liability and prove damages. We utilize the discovery process to make sure that no stone goes unturned while building a case. If a trial is necessary, we make sure you understand what to expect. We ensure that your interests are protected moving forward. We understand that you are facing a critical situation and will give your matter the attention it deserves. Contact us today.
We also serve the following southeast Minnesota cities: Red Wing, Winona, Mankato, Austin, Albert Lea, and Owatonna, as well as the cities of Minneapolis, St. Paul, Duluth, and Bloomington. We also serve the Iowa cities of Mason City, Charles City, Osage, Spencer, Garner, Forest City, and Northwood and the Wisconsin cities of La Crosse, Onalaska, Sparta, Viroqua, River Falls, Ellsworth, Whitehall, and Black River Falls.
Wrongful death lawyers providing quality service to those in Rochester and other Minnesota communities
You have been through enough if a loved one has been taken from you due to another’s negligence. You don’t need added stress caused by having an attorney who does not keep you up-to-date on your case. Our firm takes great pride in the level of service it provides. We quickly respond to phone calls and emails. We will copy you on important correspondence, including notifications sent to insurance carriers. Our lawyers and support staff make themselves available to answer questions. We take the time to guide you through the process. We focus on clear, timely communication about your legal issues so you can focus on the future.