The sudden loss of a loved one is devastating. Family members are not only grieving but also trying to cope with unexpected financial and emotional losses.
While nothing can replace the person who died, there is a legal path for families to seek compensation, accountability and justice.
Economic and emotional loss
A court-appointed trustee can file a wrongful death claim on behalf of the surviving spouse or next of kin. The damages available focus on losses suffered by surviving family members, as well as certain losses incurred by the deceased before their death.
Economic damages may include:
- Medical expenses related to the injury or illness
- Funeral and burial costs
- Loss of financial support in the form of income and benefits
- Loss of household services the deceased provided to the family, such as childcare or home maintenance
Courts will consider the deceased’s age, health, work history, earning capacity and life expectancy when calculating damages.
The law also allows for the loss of advice, companionship and protection that the surviving family members experience with their loved one’s death. These damages recognize that wrongful death goes beyond economics. Families are also suffering from the loss of the relationship they had with the deceased.
Damages may also be recoverable if the deceased experienced conscious pain, suffering or emotional distress between the time of their injury and death. Medical records, witness testimony and expert opinions can play a key role in allowing recovery for claims the deceased could have made if they had survived.
In addition to compensation for economic and emotional losses, loved ones may seek punitive damages in some cases. Rather than provide compensation, punitive damages focus on punishing those responsible for the death. These damages can be awarded only if the defendant acted with deliberate disregard for the deceased’s rights or safety.
One important issue to consider is comparative fault. If the deceased is found to be partially at fault, the total recovery may be reduced. If they were 51% or more at fault, there may be no damages awarded. Because Minnesota wrongful death cases have unique procedural requirements and complex damage calculations, working with the right legal team is crucial.