Wrongful Death Elements
Wrongful Death Elements

Here is More Information about Wrongful Death Elements of Claim

The tort claim injury and wrongful death elements are required to prevail. You must establish all the elements duty, breach causation and damages to have a successful claim. Some cases are considered under common law and the theory of torts, wrongful death cases are statutory, and the requirements and remedies are prescribed by the legislature. Minnesota Statute 573.02 sets for the requirements and damages allowed when there is a death due to the negligence of others.

According to Minn. Stat. 573.02, Subd. 1, When death is caused by the wrongful act or omission of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain an action therefor if the decedent might have maintained an action, had the decedent lived, for an injury caused by the wrongful act or omission. An action to recover damages for a death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall be commenced within three years of the date of death, but in no event shall be commenced beyond the time set forth in section 541.076.

Here is More Information About Each Element


Contact an Experienced Attorney

If you have concerns about which may meet the required elements of a wrongful death case pertaining to someone in your family contact attorney Kenneth LaBore for a free consultation to discuss you questions and options at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.