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What are the elements of a wrongful death claim?

On Behalf of | Nov 29, 2023 | Wrongful death |

The loss of a loved one will bring irrevocable changes to every member of your family. If you are grieving a family member after a fatal accident, you may feel as if you will never be able to pick up the pieces and move forward. While there is nothing that you can do to reverse what happened, there may be steps you can take that will allow you and your loved ones to recover financially.  

If the loss of your loved one is the result of the reckless or negligent actions of another person or party, you may have grounds to seek financial recovery through a lawsuit. The Minnesota civil justice system provides grieving families the ability to seek justice and the support they need to navigate the aftermath of an unexpected loss. If you believe that this could be a reasonable option for you and your family, you may benefit from taking quick action to learn about how to move forward. 

Grounds for a claim 

The loss of a loved one is always difficult, but not every unexpected death is grounds for a wrongful death claim. A careful evaluation of your specific situation can help you understand if this is an option for you and your loved ones. You could have a valid reason to seek compensation through a civil claim if there is evidence of the following elements: 

  • There was a duty of care owed by a person or party to the decedent.  
  • There was a breach of that duty, either intentionally or due to negligence. 
  • The breach of duty directly resulted in the incident or injuries that caused death.  
  • The death caused financial harm and other types of suffering for surviving family members. 

A wrongful death claim is possible after a range of personal injury incidents, including medical malpractice, car accidents, criminal activity, the use of dangerous consumer products and more. 

Quick action is important 

Taking quick action is important if you believe you have grounds for a wrongful death claim. These cases are time-sensitive, and moving forward quickly can help you effectively seek the recovery you and your family need. An assessment of your specific situation can help you learn more about the legal options that are available to you and your family after the death of a loved one. 


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