What Claims Survive after Death?
Minnesota wrongful death survivorship for claims of the deceased until May 20, 2023, did not allow for the claim to survive (continue) after the death of the injured party if the death was from unrelated causes. But now the cause of action does survive the death of any party. “All Claims” now survive the death. See my article on Understanding the New Minnesota Wrongful Death Law.
Injury Claims in Minnesota NOW SURVIVE Death
Pursuant to Minn. Stat. 573.01 Survival of Causes, A cause of action arising out of an injury to the person dies with the person of the party in whose favor it exists, except as provided in survives the death of any party in accordance with section 573.02. All other causes of action by one against another, whether arising on contract or not, survive to the personal representatives of the former and against those of the latter. [Amended by legislature as of May 20, 2023, stricken and new language shown].
Minnesota Amends Wrongful Death Survivorship
The change in the law means that if for example your family member was dropped at a care facility and suffered a fractured hip and was treated with surgery at a hospital and had months of pain, suffering and mental distress but then dies a year later but before the statute of limitations the family will now be able to make a claim for not only the related medical bills as in the past but for the pain and suffering of the decedent.
Contact a Top-Rated Minnesota Wrongful Death Attorney
Attorney Kenneth LaBore has handled hundreds of wrongful death cases and has decades experience in knowing how to how negligent parties accountable and how to recover maximum damages under the law. For a free consultation call 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.
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