4 Steps to Take After a Wrongful Death in the Family

There’s always a lot to do following the loss of a loved one, especially if the death was unanticipated. As such, bringing a wrongful death claim might not seem like an urgent priority. But if you intend to pursue damages, you have a limited amount of time in which to bring the case to court if a settlement cannot be reached.

It’s wise to start building your claim as soon as possible. Below we’ve listed a few steps to take right away if a member of your family was a victim of wrongful death:

1. Gather Evidence

In wrongful death claims, the burden of proof lies with the plaintiff. You’ll need strong evidence to prove how the defendant’s negligence or intentional wrongdoing was the actual or proximate cause of the death. The only exception is when strict liability applies, in which case a finding of fault is not needed to recover damages.

The strongest evidence of liability will depend on the circumstances but may include:

• Eyewitness testimony;
• Statements from accident reconstruction experts;
• Medical records;
• Surveillance footage from cameras near the scene; and
• The official police report.

2. Seek Legal Counsel

You shouldn’t have to worry about navigating complicated legal proceedings on your own—especially in the aftermath of a loved one’s death. By hiring an attorney, you’ll be able to focus on more important matters while your case proceeds in good hands. In addition to gathering evidence, a lawyer can handle all correspondence with the opposing party, negotiate with the insurance adjuster on your behalf, and prepare the case for trial if necessary.

3. Document Damages

It’s important to start tracking damages right away. In the state of Minnesota, wrongful death claimants have the right to seek compensation for:

• Funeral and burial expenses;
• Medical bills incurred prior to the death;
• Loss of services, protection, care, and assistance;
• Loss of society, companionship, and guidance;
• Lost income and benefits; and
• Sorrow, mental anguish, and loss of solace.

Minnesota also allows families to pursue compensation for the damages the deceased incurred before death and, in some cases, punitive damages. This is called a survival action.

4. Keep a Journal

Small details can have a big impact on a wrongful death case. You should write down everything you know about what happened in the moments leading up to the death. You can also document the types of damages your family has suffered and will likely suffer in the future, and how the death has affected your mental and emotional state. These notes might serve as a valuable resource during your attorney’s investigation.

Call 800-770-7008 to Speak with a Wrongful Death Attorney in Minneapolis

If you want to file a wrongful death claim in Minnesota, contact Bradshaw & Bryant. Our personal injury attorneys will devote the time and resources needed to fight for the best possible outcome. Call 800-770-7008 or use our Online Contact Form to set up a free case evaluation with a wrongful death lawyer in Minneapolis.