When someone else’s negligence results in you losing a loved family member in Minnesota, you may wonder whether you have grounds to file a wrongful death lawsuit against the individual responsible. If you decide to file such a suit, there are certain things you and your legal team may have to prove at trial.
According to the Minnesota Revisor of Statutes, “wrongful death” refers to a death that comes as the result of the “wrongful act or omission of any person or corporation.” In other words, a wrongful death might occur at the hands of a doctor, or due to someone’s use of a dangerous product. Wrongful death lawsuits may also arise because of car wrecks and similar circumstances.
Elements of a wrongful death lawsuit
The success of your wrongful death case depends on your ability to show that your loved one died because of someone else’s actions, whether intentional or negligent. You also need to show how you or other survivors are experiencing financial hardships as a result of the death.
Damages available in a wrongful death lawsuit
If your wrongful death lawsuit is successful, you may be able to secure damages to cover medical costs incurred before the deceased individual’s death. You may also be able to secure damages to help offset burial and funeral costs or your and other survivors’ pain and suffering. Depending on your relationship to the deceased party, you may also be able to seek damages for loss of consortium or companionship, among other areas.
There are time limits associated with filing a wrongful death lawsuit. If you wish to make such a claim, it is critical that you take action before the statute of limitations runs out.