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When Is A Fatal Car Accident Considered Wrongful Death?

by Oct 12, 2021Car Accidents, Dea Cortney, Mike Miller, Personal Injury, Wrongful Death

Anyone who has lost a loved one in an automobile accident knows how heart-wrenching and shocking it is to receive that devastating phone call. Even as you begin to pick up the pieces financially, you’re still grieving everyday. That’s what makes it so challenging to deal with the unpaid bills, lost income, and final expenses that come with your loved one’s untimely passing.

Some families wonder whether anyone will ever take the blame for their family member’s death. After all, the deceased individual is often not at fault for the accident that took their life. Not every fatal car accident is a good fit for a wrongful death case, but your family may be able to pursue a lawsuit based on the circumstances of the accident. A wrongful death suit will hold the responsible party accountable and help your family obtain the financial compensation you need to begin rebuilding after your traumatic loss.

When Is An Accident Wrongful Death?

As Minnesota car accident lawyers, we see many clients who have been in non-lethal accidents and are pursuing a personal injury case. These victims are able to speak for themselves and testify to the details of the accident, while a deceased accident victim cannot. Our MN car accident attorneys must carefully consider all the evidence available to us so we can determine whether the accident could be qualified as wrongful death.

Negligent drivers are often responsible for deadly car crashes. If the other party/parties in the accident were engaging in negligent behavior, we may have a case for a wrongful death lawsuit. Negligent behaviors may include:

  • Drunk or drugged driving
  • Excessive speeding
  • Reckless driving
  • Distracted driving, especially texting while driving
  • Failure to obey traffic laws
  • Driving without a valid driver’s license
  • Running red lights or stop signs

We will use police reports, eyewitness testimony, and other evidence to determine whether negligent behaviors occurred prior to the accident.

What Does A Wrongful Death Settlement Cover?

Any trustworthy Minnesota personal injury law firm will not guarantee a specific settlement amount before assessing your expenses and financial contributions from your loved one. Once we have a clear picture of your expenses associated with the accident we may be able to offer a better estimate. However, each case is different, and insurance companies don’t offer a “one size fits all” settlement amount.

In Minnesota, your settlement should account for the following:

  • Funeral and burial expenses
  • Expenses for the care, treatment, and hospitalization required to treat the deceased person’s final injury or illness
  • Loss of the deceased’s services, protection, care, and assistance
  • Loss of income, wages, and benefits the deceased would have provided his or her family
  • Loss of the deceased’s advice, comfort, companionship, and guidance.

Your MN auto accident attorneys will help you determine a reasonable amount of compensation taking into account all these factors.

You don’t have to bear the financial burden of your loved one’s untimely death all on your own. Contact Sieben Edmunds Miller’s personal injury attorneys in Minnesota to explore your options.

Contact our team.

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