Some Differences Between Wrongful Death Claims and Survival
Daniel Tan | January 20, 2023 | 0 Comments

4 Types of Damages You Can Recover in a Wrongful Death Claim

The death of a family member is one of the most difficult things anyone can go through in life. Does it affect you Not only emotionally but also financially and in many other ways as well? If a family member was killed and you believe that someone else caused it, you may wonder what damages you can recover from that person if your case goes to trial. There are four types of damages, depending on who is at fault for your loved one’s death, that Wrongful Death Lawyers in Minnesota can help you with.

What Describes Wrongful Death Lawsuit?

To file a wrongful death lawsuit, the family must prove that someone caused the death of their loved one and that it was done intentionally or negligently. In some cases, the negligence of another may result in the person’s death, but their actions were unintentional. For example, if someone is pulled into a burning building and dies as a result of their injuries, those injuries are not considered negligence on the part of the one who caused them.

On top of proving that another party was at fault for your loved one’s death, you also need to establish that they acted maliciously. This can be done by establishing that they knew what they were doing was dangerous or showed a reckless disregard for your loved one’s safety.

How Do You Prove Someone Is at Fault in A Wrongful Death Lawsuit?

If the person who caused your loved one’s death is dead, you may need to prove that they caused the incident that led to their death. This would allow you to recover damages from their estate, and some states will allow you to recover damages from a dead person’s estate if it was proven that their actions led to another person’s death. You could also try to show that their negligence caused another party to injure your loved one. This would allow you to recover damages from the other party instead.

Discussing 4 Different Damages

1.     Economic damages:

If someone caused an accident that resulted in your loved one’s death, then you may be able to recover economic damages. Minnesota Wrongful Death Attorney can get you economic damages simply your loss of income and benefits. If you are the spouse of your deceased loved one, then you can recover any lost support that they would have provided for you. This can include money for housing, food, transportation, and any expenses involving raising the couple’s children.

2.     Punitive damages:

A punitive damage award can be given when a defendant’s actions are reckless or malicious. The purpose behind these additional damages is to punish the wrongdoer and deter others from acting similarly.

Suppose a jury believes that a defendant’s actions were extreme or very dangerous. In that case, they can award punitive damages to punish the defendant so that future victims will be protected. Punitive damages are awarded by state and federal courts when there is an Individual Action for Punitive Damages.

3.     Non-economic damages:

Non-economic damages are often referred to as pain and suffering or emotional distress. These types of damages can be helpful in a wrongful death claim. This is because it allows you to recover any losses from your loved one’s death, such as loss of income, pain and suffering, or loss of enjoyment of life.

4.     Nominal damages:

A Minnesota Personal Injury Attorney can help you with nominal damages similar to economic damages in that they are simply a measure of your actual loss. In a wrongful death case, these types of damages may also be called “heart balm” because they were created to compensate victims with presumed mental anguish from the illegal breakup of a marriage.

However, nominal damages are not awarded to compensate for pain, suffering, or emotional distress. You can only recover nominal damages if you have suffered some actual financial loss from your loved one’s death, such as lost support or funeral expenses.


Whichever type of damages you can recover from another party in a wrongful death lawsuit, you mustn’t leave without taking action. While monetary damages are not the only way to recover from a wrongful death, they can help ease the financial burden and pain of losing a loved one.

Daniel Tan

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