Attorneys Robert, David and James Cody

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What is a wrongful death lawsuit?

On Behalf of | Nov 21, 2022 | Firm News |

Losing a loved one is difficult and often devastating to undergo. To lose your loved one to the negligence or intentional action of a person or institution can feel like an insult on top of the injury. You may have a wrongful death claim if you lose a loved one to an unnatural death.

According to the Minnesota Statutes, wrongful death occurs when an omission or act results in the death of another person.

Understanding wrongful death

Losing loved ones in car accidents, to hospital negligence or intentional acts may give surviving relatives the right to file a claim. Those who can file a claim include:

  • Surviving spouses
  • Surviving children
  • Surviving parents when the decedent does not have children
  • Parents of deceased minor children
  • Siblings when the decedent does not have children or parents

Often those who file a claim are those who lost financial support or companionship.

Seeking wrongful death damages

The damages you can seek for wrongful death include medical bills, lost companionship, lost income, funeral costs and pain and suffering. When you file a claim, the court will consider your loved one’s overall health before the accident and the severity of the accident. Sometimes, a person’s heirs can divide the damages among themselves following the claim. If survivors cannot agree, the court can divide the damages instead.

While a wrongful death lawsuit does not bring back a loved one, it can offer closure to a decedent’s friends and families. Wrongful death lawsuits hold people and institutions accountable for the actions that caused the death to occur.