If You've Been Injured, You Need Strong RepresentationCall Paige J. Donnelly, Ltd.

If You've Been Injured, You Need Strong Representation Call Paige J. Donnelly, Ltd.

When can a car crash lead to a wrongful death lawsuit?

On Behalf of | May 4, 2023 | Car Accidents

A car accident can result in a range of injuries. While car accident-related injuries like bruises and minor cuts may not be life-threatening, others like internal organ injuries can be fatal. If a loved one succumbs to injuries following a car crash, you may be able to hold the liable party to account through a wrongful death claim. 

Basically, death is deemed wrongful when it is attributable to another party’s illegal or wrongful actions. But when can driver actions be deemed reckless enough to justify a wrongful death claim?

Driver actions that may lead to wrongful death

Every individual has a duty to use public infrastructure like roads in a manner that is mindful of other road users’ safety. This is known as a duty of care. When a motorist breaches their duty of care to other road users, thus, resulting in fatal injuries, then they may be held to account. Here are driver actions that can justify a wrongful death lawsuit:

  • Driving under the influence of alcohol and other substances
  • Reckless driving
  • Distracted driving
  • Speeding
  • Illegal turns
  • Disregarding safety rules
  • Driving an unsafe vehicle

Statutes that apply to wrongful death claims are similar to those that involve personal injury claims. The only difference is that, when it comes to wrongful death claims, the victim is dead and, thus, unable to bring a claim. 

Per Minnesota statute, the decedent’s surviving relatives may be eligible to file a wrongful death claim. These may include the decedent’s spouse, children, parents and siblings. In the absence of the decedent’s relatives, their estate’s personal representative may file the claim. 

Pursuing justice on behalf of your loved one

A loved one’s preventable death can be very devastating, to say the least. Learning more about Minnesota wrongful death laws can help you safeguard your interests while pursuing justice on behalf of your departed.