Types of compensation recoverable in a wrongful death lawsuitMinnesota
A wrongful death lawsuit maintains that a decedent was killed as a result of the negligence (or other liability) on the part of the defendant. It also states that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant’s conduct.
- Immediate expenses associated with the death including medical and funeral.
- Expenses for the care, treatment, and hospitalization of the person who died related to the injury resulting to death
- Sorrow, mental anguish which includes loss of companionship, comfort and guidance
- The expected loss in income of the person who died
- The expected loss of services, protection, care, and/or assistance which the person who died provided to the survivors/beneficiaries
- Loss of victim’s anticipated earnings in the future until time of retirement or death
- Loss of benefits caused by the victim’s death (pension, medical coverage, etc.)
- Loss of inheritance caused by the untimely death
- Pain and suffering, or mental anguish to the survivors
- Loss of care, protection, companionship to the survivors
- General damages
The Minnesota legislature decided to compensate survivors/beneficiaries for the following types of damages:
- Sorrow, mental anguish, and loss of solace which includes loss of society, companionship, comfort and guidance
- Any reasonably expected loss in income of the decedent suffered by the survivors/beneficiaries
- Any reasonably expected loss of services, protection, care, and/or assistance which the decedent provided to the survivors/beneficiaries
- Expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death
- Reasonable funeral expenses
Depending on the jurisdiction, some of the listed damages may be barred or restricted by statute. Also, some of the listed damages may be hard to prove and thus be considered too speculative by the court. Consequently, they may be struck or restricted. Punitive damages may require a higher level of proof.