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Well the challenge and the delight of a plaintiff’s lawyer is reconstructing the family structure that existed at the time the person died and what the individual contributions that person had made to the different heirs and next of kin. And so each claim differs, but it is the relationship and the contributions that need to be kind of reconstructed after the fact that give value to the claim in terms of those noneconomic damages. That’s where the creative part of lawyering occurs in terms of a wrongful death claim, is truly understanding what this person meant and contributed, even by way of family history. When an elder family member dies you’ve lost the historian. You’ve lost the care and the ability to get a sense of who you are and where you came from.
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Minnesota personal injury attorney Bill Harper explains how to gain non-economic damages in a wrongful death lawsuit.