Frequently Asked Personal Injury Questions of the Baldwin Law OfficeThe following information includes frequently asked wrongful death and personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting St. Paul , Minnesota wrongful death Attorney Richard Baldwin , you can receive a personal consultation regarding your specific situation.
What is Personal Injury? Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the state of Minnesota. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
What financial compensation can I recover in a personal injury claim? Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
What is wrongful death? Wrongful death occurs when a person's death was caused by the negligent, willful or wrongful act, neglect, omission or default of another, such as careless driving or a deliberate murder. In addition to injuring the person who died, people who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of Minnesota has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act. Under what circumstances can a wrongful death occur? Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:
Who can file a wrongful death lawsuit? A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents. Pecuniary (financial) injury is the main way damages in wrongful death cases are computed. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer, and/or deter others from behaving similarly. How is pecuniary loss determined in a wrongful death lawsuit? Pecuniary, or financial, loss is the main measure of damages in a wrongful death lawsuit. Courts have determined pecuniary damages to include the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. To determine pecuniary loss, the Court must consider the age, character and condition of the decedent, his or her earning capacity, life expectancy, intelligence and health, as well as the circumstances of the inheritors. Typically, the main consideration in awarding pecuniary damages is the decedent's circumstances at the time of death. For example, when an adult wage earner with dependants dies, the major parts of the recovery are loss of income and loss of parental guidance. Can the damages awarded by the Court be adjusted? In a wrongful death lawsuit, the jury determines the pecuniary damages after hearing the evidence. However, the jury's determination is not the final word, and the amount of the award can be adjusted accordingly by the Court. The Court may reduce a jury's award if the decedent had poor earnings, despite the decedent being young, having a promising future, and supporting several children. Alternately, the Court may throw out the jury's damage award and order a new trial if the plaintiff(s) fails to present evidence of the decedent's average earnings after the jury awards lost earnings despite the decedent's history of unemployment. Can expert testimony be used to determine pecuniary loss? Yes. Plaintiffs are permitted to submit economist testimony to estimate the financial value of the decedent. For example, when the decedent is a housewife who did not earn wages outside the home, the financial impact on the survivors will not involve a loss of income, but increased expenditures to continue the services she was providing. Because the jury may not be knowledgeable regarding the monetary value of a housewife's services, experts may contribute approximate figures for this evaluation. Can a wrongful death action be brought even if the deceased never held a job? Yes. Although the decedent never held a wage-earning job, he or she may have contributed in some other way in the family, such as a stay-at-home husband or wife who contributed services, guidance and nurturing. These contributions are quantifiable under "pecuniary losses," and can be sought in a wrongful death lawsuit. What happens when a child is a victim of wrongful death? When an adult dies, the pecuniary loss to the family is quantifiable; i.e. a child may seek damages for loss of the parent's care, income, nurturing, guidance, etc. When a child dies, however, the parents' recovery is limited to their pecuniary loss, which is usually quite small. When a child dies, pecuniary injuries are determined by the age, sex, life expectancy, work expectancy, state of health, and habits of the child, the child's earning potential, the relationship of the decedent to those claiming a pecuniary loss, and the health, age, and circumstances of those claiming pecuniary losses. Much of these inquiries involve estimation and speculation, and the younger a child is at the time of death, the harder it is to determine the pecuniary loss to the parents. A jury may consider what the child would have contributed to the parents' support by using the expectancy charts as a starting point for calculations. What happens when an elderly person is a victim of wrongful death? In the same manner that the death of a child might not produce a large sum of monetary compensation, the death of an elderly person also has somewhat limited recovery potential. The reasons for such modest awards are attributed to the assumption someone past the age of retirement no longer has substantial earning potential, and that the children of elderly citizens are usually adults who no longer need significant support, or nurturing from their parents. What is the difference between murder and wrongful death? Murder is a criminal charge brought on behalf of the citizens of a particular state or federal district, not by the victims or their families in a wrongful death civil case. Because of their very nature, the burden of proof in criminal and civil cases is quite different. In criminal cases, the standard is "proof beyond a reasonable doubt." There is also a presumption of innocence that stays with the defendant until and unless the jury returns a guilty verdict. In civil cases, the burden of proof is "by a preponderance of the evidence," which essentially means "more likely than not," or proof by 51% or more. How do I know if I need an attorney? If you have been seriously injured in St. Paul, Minnesota, or within the surrounding areas of Minnesota, and are unsure about the outcome of your injury, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. Minnesota laws require filing a lawsuit within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay. St. Paul serious injury lawyer Richard Baldwin can advise you on the applicable statute of limitations for your injury case. How long will it take to settle my claim? The time it takes to settle a personal injury/wrongful death case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on their complexity. If you or someone you know in St. Paul, Minnesota, or within the surrounding cities and counties of Minnesota need the representation or skilled legal advice of an experienced personal injury lawyer, please contact Attorney Richard Baldwin of the Baldwin Law Office today, at 866-435-2768, or complete the form provided on this site to begin your free consultation with a dedicated St. Paul wrongful death lawyer. |
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