A wrongful death lawsuit arises when a
family member is killed as a result of the negligence of
another. The surviving dependents or beneficiaries may be
entitled to damages as a result of the defendant’s wrongful
conduct.
This type of claim is different from a normal negligence
lawsuit which is filed by the person injured. Originally
under “common law” a wrongful death claim did not exist
based upon the reasoning that the claim died with the
victim. The surviving family members could not claim damages
from the person who caused the death.
Over the years, states have passed “wrongful death statutes”
that provide compensation for persons who may have been
damaged from the death of a loved one.
WHO CAN FILE A WRONGFUL DEATH CLAIM?
Wrongful death claims in Minnesota versus other states will depend on your state’s statutory language, but
generally immediate family members (i.e. spouses, children
and parents) can pursue a wrongful death claim.
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WHAT KIND OF DAMAGES ARE RECOVERABLE FROM WRONGFUL DEATH?
Damages in a wrongful death action include both economic and
non-economic damages. Economic damages include medical and
funeral expenses, loss of decedent’s earnings, and
potentially loss of fringe benefits caused by the untimely
death such as pensions, medical coverage, etc.
Non-economic loss benefits include generally the loss of
aid, comfort, society and companionship as a result of the
death of the decedent.
This webpage contains general information and not legal advice. It is based on Minnesota Law in effect the the time of writing. An attorney of Farrish Johnson can advise you about how the law applies to your specific situation