Frequently Asked Questions
Can I still file a civil claim for a wrongful death even if I didn’t file a criminal case against the negligent party?
You are not required to file a criminal case before filing a civil claim for a wrongful death. There are several reasons why the loved ones of a deceased person may not have pursued criminal charges following a wrongful death:
- The statute of limitations for the crime expired
- The defendant’s actions were reckless, but they did not break the law
- The plaintiff could not meet the higher burden of proof required for criminal cases
- The family wanted to prioritize restitution over punitive action
The choice not to seek criminal charges does not negate the family’s right to seek financial compensation in civil court through a wrongful death claim.
What is the burden of proof in a Minnesota wrongful death claim?
The burden of proof in a wrongful death claim is the same as it is in most other kinds of personal injury claims. To prove that a defendant is liable for your damages in a wrongful death claim, you will need to demonstrate that a preponderance of the evidence, or more than 50%, supports the contentions of your claim.
As the plaintiff, it is your responsibility, or burden, to meet this evidentiary standard. A Minnesota wrongful death attorney can outline what evidence you need and how to present it effectively to the factfinders.
When do courts award punitive damages in wrongful death lawsuits?
Like in other types of personal injury lawsuits, plaintiffs in wrongful death claims are theoretically eligible for punitive damages. However, in reality, judges and juries find few cases warrant punitive damages. In order for them to direct the defendant to pay punitive damages to the plaintiff, the plaintiff’s legal team must generally convince them of one or more of the following:
- The defendant acted with an extreme degree of recklessness or disregard for others’ safety, causing the wrongful death
- The actions of the defendant resulted in catastrophic or fatal harm to the plaintiff and/or harmed a significant number of people
- A deterrent is necessary to prevent the defendant from repeating their egregiously negligent behavior in the future and harming others
In a wrongful death settlement, this type of compensation does not directly correspond with specific damages. Instead, it is based on the defendant’s actions rather than the plaintiff’s losses.