Your Northern Minnesota Personal Injury Attorneys

Who can file for a wrongful death action?

On Behalf of | Feb 3, 2023 | Wrongful Death

When a loved one dies, the emotional turmoil often leads to financial hardship, especially if the death is sudden. A car accident that takes the life of someone you love may leave you and your family dealing with financial hardship in the wake of an emotional one.

A wrongful death action helps your family get closure and financial help in this time of need. Become familiar with the basic elements that make a wrongful death action appropriate.

Who can pursue a wrongful death case?

There are parameters in the law that state who can pursue a wrongful death case. Generally, anyone who depended on the deceased for financial support may file. This typically starts with spouse and children, but depending, may extend to parents and siblings. If there is no spouse or children, parents and siblings may have standing.

What do you need to prove in a wrongful death case?

Like a personal injury claim, a wrongful death claim may come down to whether you can prove the other driver acted recklessly and that it directly led to your loved one’s death. If the police or insurance company finds the other driver responsible, this bolsters your claim. Absent that, you may have to gather your experts and testimony to prove negligence.

What are damages?

The financial outcome of a wrongful death claim may fall under a few categories. These awards or damages:

  • Reimburse you for funeral expenses
  • Pay out the income lost by the death
  • Compensate for emotional pain and suffering

A wrongful death case may provide financial help amid a painful time.