When an accident or other event has led to an untimely death, the law allows a type of claim called a wrongful death case. In wrongful death cases, surviving family members or loved ones of the deceased can receive several distinct kinds of damages if they are successful in the case. One of the common damages often awarded is for pecuniary loss. Pecuniary loss damages attempt to calculate what the deceased would have contributed to the surviving spouse or family member had they not been killed due to intentional or negligent action.
Minnesota Wrongful Death Attorneys
Losing a loved one in a wrongful death is devastating and heartbreaking. Not only have you lost a loved one and their companionship, but you have also lost the financial support that they once provided. After death, it can be challenging to know what to do next without the support that your loved one gave you. Bringing a wrongful death case can help you get closure for your loss and hold those responsible for your loved one’s death accountable. As a result, wrongful death suits often come with high stakes.
If you fail in your wrongful death case, you will not receive the support you need. Hiring an experienced wrongful death attorney can help increase your chances of success. Experienced wrongful death attorneys understand the wrongful death process to help you hold the other party responsible and receive the compensation you deserve. Our wrongful death attorneys understand the stakes and are ready to fight for you. To learn more or schedule your free initial case consultation with one of our wrongful death lawyers, call us at (612) 465-8733.
Pecuniary Loss Damages
According to Minnesota case law, pecuniary loss means the value of the counsel, guidance, advice, assistance, and protection the decedent would have provided to the surviving family members had the wrongful death not occurred. Pecuniary loss can include both economic loss and non-economic loss.
Economic loss can consist of funeral and associated medical expenses. The non-economic loss might include loss of counsel, guidance, aid, advice, comfort, assistance, and protection. If the person bringing the wrongful death suit is successful, the jury will determine the amount of the recovery award. Minnesota law allows the jury to grant pecuniary loss awards they consider “fair and just.”
Determining Pecuniary Loss Amounts
The plaintiff’s counsel will present evidence to support wrongful death damages throughout the wrongful death action. The jury will consider evidence such as the decedent’s age and condition, health, character, earning capacity, and life expectancy at the time of death. In addition to evidence about the decedent, the jury will also consider the plaintiffs’ circumstances and potential heirs of the deceased.
Adjustments may be made to pecuniary loss rewards. The court can adjust the award up or down for various purposes after the jury has decided. For example, if the decedent misused their income, the recovery award to the family may be reduced due to that misuse. Adjustments may also be made to account for future earning potential. For example, the court would consider an adjustment if the decedent was not a high earner before their death but had significant earning potential and supported children.
Expert witness testimony may be used to support pecuniary damage awards. In some circumstances, the plaintiff may rely on an economist’s testimony to establish the decedent’s economic worth to help the jury determine their award.
Hiring A MN Wrongful Death Attorney
Wrongful death cases are notoriously difficult and full of potential pitfalls that can have a big impact on your case if not handled properly. If you are bringing a wrongful death case, it is essential that you have an experienced attorney on your side. Our 612-INJURED wrongful death lawyers understand the law stakes and are ready to represent you. To learn more or schedule your free initial case consultation, call or text us at (612) 465-8733.
