Legally, wrongful death refers to “A claim or lawsuit brought by the surviving family members or beneficiaries of a person who has died due to the negligence, wrongful act, or intentional misconduct of another party.” Wrongful death laws vary by jurisdiction, and we encourage you to work with a Minneapolis wrongful death lawyer to fully understand your legal rights.
Understanding the Basics of a Wrongful Death Claim
Here are some key aspects related to wrongful death:
Definition: Wrongful death is a civil claim that seeks to hold a party accountable for causing the death of another person through their negligent or intentional actions.
Cause of Action: Wrongful death claims can arise from various circumstances, including but not limited to car accidents, medical malpractice, workplace accidents, product defects, criminal acts, or premises liability incidents.
Duty of Care: To establish a wrongful death claim, you must typically demonstrate that the defendant owed a duty of care to the deceased person. This means the defendant had a legal obligation to act reasonably and responsibly to avoid causing harm.
Breach of Duty: You must show that the defendant breached their duty of care. This means the defendant failed to act as a reasonably prudent person would under similar circumstances, leading to the death of the individual.
Causation: You must establish a causal connection between the defendant’s breach of duty and the death of the person. They must demonstrate that the defendant’s actions or negligence directly caused or substantially contributed to the death.
Damages: You are seeking to recover damages resulting from the death of your loved one. These damages can include medical expenses, funeral and burial costs, lost future income, loss of companionship, emotional pain and suffering, and other financial and non-economic losses.
Beneficiaries: The individuals who can file a wrongful death claim and recover damages vary depending on the jurisdiction. Typically, close family members such as spouses, children, parents, or siblings are eligible to bring a wrongful death claim. Some jurisdictions may also allow dependents or other individuals who suffered financial loss due to the death to pursue a claim.
It’s important to note that wrongful death laws can be complex. If you believe you have a wrongful death claim, consult with an experienced Minneapolis wrongful death attorney who can provide guidance based on the specific laws applicable to your situation.
What Will a Minneapolis Wrongful Death Lawyer Do?
A wrongful death lawyer in Minneapolis will argue on your behalf, the surviving family member(s) or beneficiaries, in a wrongful death claim. Their goal is to establish the liability of the defendant and seek compensation for the damages suffered by the deceased person’s family.
Here are some key arguments that a wrongful death lawyer may present:
Negligence or Wrongful Conduct: Your lawyer will argue that the defendant acted negligently or engaged in wrongful conduct that directly caused the death of the individual. They will present evidence and arguments to demonstrate that the defendant failed to meet their duty of care, breached that duty, and that the breach was a substantial factor in causing the death.
Liability of the Defendant: Your wrongful death lawyer will establish the defendant’s legal responsibility for the wrongful death. They will present evidence and legal arguments to demonstrate that the defendant had a duty of care toward the deceased individual, breached that duty, and that the breach caused the death. This may involve showing the defendant’s failure to fulfill legal obligations or intentional misconduct.
Causation: Your lawyer will establish a causal link between the defendant’s actions or negligence and the death of the individual. They will present evidence to show that the defendant’s conduct was a direct cause of the fatal incident and that the death would not have occurred without the defendant’s actions or negligence.
Damages: Your lawyer will argue for the specific damages suffered by the surviving family members or beneficiaries as a result of the wrongful death. They will present evidence and documentation to support claims for economic damages, such as medical expenses, funeral and burial costs, lost financial support, and loss of benefits. They will also argue for non-economic damages, such as loss of companionship, emotional pain and suffering, and the impact on the family’s quality of life.
These arguments will be tailored to your specific circumstances of the case and the applicable laws in the jurisdiction. A skilled Minneapolis wrongful death lawyer will use their knowledge, experience, and advocacy skills to present a compelling case on your behalf, seeking justice and fair compensation for the wrongful death.
Contact 1-800-Injured to Move Your Case Forward
Wrongful death claims must generally be filed within a specific time period, known as the statute of limitations, which varies by jurisdiction. It’s important to consult with an attorney promptly to ensure compliance with the deadline. This means you don’t have long to wait.
To connect with an experienced attorney who specializes in your specific area of need, reach out to 1-800-Injured. We offer convenient access to qualified lawyers through initial consultations, facilitated by knowledgeable representatives who can match you with an attorney equipped to handle your case effectively.