Understanding How to Prove Negligence in a Wrongful Death Claim
Although accidents happen in an instant, the effects may have a permanent impact on your life. Unfortunately, some severe accidents are deadly for victims. If you lost someone you love due to someone else’s negligence, you may have grounds to file a wrongful death claim to pursue justice and hold the liable party fully accountable for their actions. A wrongful death is devastating for the victim’s surviving family members, especially if the accident was preventable. If you lost a loved one in a wrongful death accident, having a compassionate and knowledgeable attorney on your side is critical.
At Knutson + Casey, our attorneys understand how challenging it is to lose a beloved family member. We have over 30 years of experience helping our clients in Minnesota pursue the justice they deserve. When you partner with our skilled legal team, we will advocate aggressively for the best possible outcome for your case.
Establishing Negligence in a Minnesota Wrongful Death Claim
If someone acted unreasonably or irresponsibly, causing your loved one’s passing, they may be held liable through a wrongful death claim. To successfully establish liability in a wrongful death claim, your attorney must prove the following vital elements:
- The defendant owed the deceased a duty of care to act reasonably and prevent injuries
- The defendant either acted negligently or intended to harm the deceased
- The defendant’s negligence or intent to harm caused the death
- The surviving family members suffered financial losses, including loss of income and final expenses
The talented attorneys at Knutson + Casey are dedicated to thoroughly investigating your case and understanding the details of your loved one’s accident. We will work diligently to collect evidence to establish the cause of the accident and prove liability for your losses. A few pieces of evidence that help support your wrongful death claim include the following:
- Your loved one’s death certificate
- Police reports
- Your loved one’s medical records
- Physical evidence from the scene of the accident
- Photos and videos
- Witness testimonies
This is not an exhaustive list, and your attorney will work tirelessly to collect as much evidence as possible to support your claim.
Possible Damages Available Through a Wrongful Death Claim
While no amount of financial compensation can undo your family member’s accident, it may help cover the many expenses caused by their passing. If your loved one died due to someone else’s negligence, you may be eligible to collect the following damages:
- Final expenses
- The cost of medical care before the death of your loved one
- Loss of protection and care
- Loss of income
- Loss of consortium
- Pain and suffering
Following the loss of your loved one, it is essential to contact an attorney as soon as possible to start your case. In Minnesota, the legal time limit known as the statute of limitations for filing a wrongful death claim is three years from the date of your loved one’s passing. While this may seem like plenty of time to pursue justice, it is in your best interest to act sooner rather than later. Critical evidence may be lost or destroyed over time, making it more challenging to prove negligence successfully.
When you retain the services of a skilled attorney at Knutson + Casey, we will work quickly and efficiently to investigate your case and help you pursue justice.
Partner With a Highly Qualified Minnesota Wrongful Death Attorney at Knutson + Casey
The compassionate attorneys at Knutson + Casey understand the unique challenges of losing someone you love in a sudden accident. We treat each client like a friend as we guide them through Minnesota’s complex legal process. Our attorneys take an individualized approach to every case and will tailor their services to your unique needs. To schedule a free consultation and learn more about how we want to help you achieve justice, call us at (507) 344-8888 or complete our contact form today.