Filing a Duluth Wrongful Death Action

The untimely loss of a family member can be overwhelming. The negligent person should be held responsible for their actions that caused the death. Filing a Duluth wrongful death action can hold the negligent person liable for their actions.

The compassionate wrongful death attorneys at Barrios Virguez Attorneys: Accident & Injury Law know that losing a family member unexpectedly due to the negligence of another is devastating. We help families navigate the legal process and understand their options. Contact our team today for a free consultation.

Who Can File a Wrongful Death Action?

After the loss of a loved one due to another’s negligence, a knowledgeable lawyer from our firm in Duluth can assist in filing a wrongful death action. When speaking with an attorney, it is necessary to evaluate the case and determine who can file an action for potential compensation.

In Duluth, the spouse of the deceased has the first priority to file a wrongful death action. The spouse must also represent the interests of the decedent’s children. If any damages are received, the spouse will get a minimum of one-third of the damages collected. If the decedent does not have a spouse, then his or her children can file a wrongful death claim. If no spouse or children are available to file a claim, the decedent’s parents are then able to file a wrongful death action. The estate’s personal representative can file a wrongful death action if there is no spouse, children, or parents to file a claim.

What Must be Proven in a Wrongful Death Action?

When filing a wrongful death action in Duluth, four elements must be proven.

• First, the party bringing the case (the plaintiff) must prove that the party that was negligent and caused the death (the defendant) had a legal responsibility or duty of care to the deceased
• Second, the plaintiff must prove that the defendant breached their duty by acting negligently
• Third, the plaintiff must show that a link between the defendant’s breach of duty and the decedent’s death
• Finally, the plaintiff must prove that the death resulted in financial or emotional suffering for the survivors

Together, these elements form the foundation of a successful wrongful death claim and demonstrate why strong legal guidance is essential.

What Potential Compensation Is Available?

It can be complicated to determine the value of a wrongful death claim, but a qualified attorney can assist in determining what compensation may be available when filing a wrongful death action in Duluth.

Economic damages include lost earning capacity that would have been available to the family, including the loss of employment benefits such as health insurance and retirement contributions. Any medical expenses incurred after the accident and prior to death may also be requested. Funeral and burial expenses are also calculated. Compensation for non-economic damages includes compensation for mental and emotional anguish. Loss of companionship may also be claimed. Punitive damages may also be requested in cases where gross negligence is involved.

A compassionate lawyer from our firm who assists with wrongful death matters can help determine what compensation may be available to your family.

Contact a Duluth Attorney for Help Filing a Wrongful Death Claim

When a loved one passes unexpectedly, the loss for the family can be traumatic and impact all facets of the family’s life. If you have lost a loved one this way, you need to focus on your family and their well-being after the loss. Filing a Duluth wrongful death action can feel overwhelming, but an experienced attorney can help you navigate the entire legal process.

At Barrios Virguez Attorneys: Accident & Injury Law, our compassionate lawyers advocate for families who have lost loved ones. Our bilingual attorneys can help answer your questions in either English or Spanish. You are not alone when you work with Barrios Virguez Attorneys: Accident & Injury Law. Contact our team today for a free consultation.