The death of someone you love is never easy but when that death occurs due to the negligence of someone else, you may want to find a way to hold that person accountable. While the criminal justice system may step in for some situations, such as a fatal car accident, you have civil remedies for those cases and for situations where there is no criminal act.
You have the right, according to the Minnesota Officer of the Revisor of Statutes, to file a wrongful death claim in court. There are a couple of situations that may occur where you are unsure if you can file a wrongful death lawsuit.
Filing after someone dies
In general, if your loved one dies and the death is the direct fault of someone else or a company, then you have the right to sue for wrongful death. You do have to be the person’s spouse or next of kin to file a claim.
If your loved one dies from something that is not related to the injury situation before he or she can file an injury claim, but you know that he or she would have filed such a claim, then you may file a wrongful death claim. You cannot sue for the actual death, but you may be able to claim special damages for the injury lawsuit.
Death during injury lawsuit
If your loved one is in the middle of an injury lawsuit and dies due to the injuries sustained from the action, then you can then file a wrongful death lawsuit. You can pick up the case for your loved one and file for wrongful death since it is no longer an injury situation.