If a loved one loses their life due to another person or entity’s negligent or unlawful actions, you and your family may be entitled to financial restitution through a wrongful death claim. In Minnesota, the decedent’s surviving spouse or next of kin can file a wrongful death claim against the liable party.
However, like in any legal matter, evidence plays a crucial role in proving a wrongful death claim. Here are some of the elements that must be satisfied for a wrongful death claim to be successful.
The defendant owed the victim a duty of care
Every individual or entity owes others safety. Legally speaking, this is known as “duty of care.” The specific nature of the duty of care depends on the circumstances. For instance, every motorist has a duty to operate their vehicle in a manner that does not endanger the lives of other road users.
The defendant breached their duty of care
Once it is clear that the defendant owed your loved one some standard of care, your legal counsel must demonstrate that they breached the said duty of care. Again, the exact nature of the breach depends on the circumstances that lead to your loved one’s demise. For example, if a motorist drives recklessly or while intoxicated, thus resulting in a fatal accident, then the motorist in question can be deemed to have breached their duty of care to your loved one.
The defendant’s negligence resulted in the death
Your loved one’s death must be directly attributable to the defendant’s actions or inaction. In the case of a car accident, there has to be a direct correlation between the injuries that claimed the decedent’s life and the car accident. Did the accident lead to excessive bleeding or fatal internal injuries?
Most wrongful deaths are actually preventable. Find out how you can build a strong case and receive the financial restitution you deserve during a wrongful death claim.