Justice is Now Possible for Neglect Death Claims
Accountability finally, after years of advocating there is finally a NEW MINNESOTA WRONGFUL DEATH LAW. Prior to the passing on May 19, 2023, there was no survivorship for pain and suffering claims of the victim of the neglect. A person could endure the most prolonged and painful death from injuries due to an accident or neglect and the responsible party was not legally liable for suffering they caused. Thankfully, the law now allows for all damages suffered by the decedent resulting from the injury prior to the decedent’s death.
Pain and Suffering are Now Part of a New Minnesota Wrongful Death Law
According to the modified statute, Minn. Stat. 573.02, Subd. 1., (To view see: This is the final conference committee report on Judiciary and Public Safety. Survivorship is found on page 429 starting at line 16. The conference committee report for SF 2909 was posted to the web on 05/12/23 02:33 AM, and can be viewed here), the substantive changes to the law are in the recovery of the action section wherein it states now: “The recovery in the action is the amount the jury deems fair andjust
in reference to the pecuniary loss resulting from the death, and shall be for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death. [stricken provisions and new provisions included].
What this means is that damages including the pain and suffering and emotional distress are NOW RECOVERABLE!
Injury Actions are Now Afforded All Damages
In addition to allowing all damages suffered by the decedent for wrongful death, the new version of the statute was amended in 573.02, Subd. 2, “Injury action. When injury is caused to a person by the wrongful act or omission of any person or corporation and the person thereafter dies from a cause unrelated to those injuries, the trustee appointed in subdivision 3 may maintain an action for
special damages arising out of such injury if the decedent might have maintained an action therefor had the decedent lived. [stricken provisions and new provisions included].
New Peacetime Emergency Statute of Limitations
There is a new provision that deals with the Peacetime Emergency Injury Action statute of limitations in Minn. Stat. 573.021 which states that there is a one year statute for health care providers meaning physician, surgeon, dentist, occupational therapist, or other health care professional as defined in section 145.61, assisted living facility licensed under chapter 144G, long-term care facility licensed under chapter 144A, hospital or treatment facility for claims brought under a peacetime emergency against a health care provider alleging malpractice, error, mistake, or failure to cure regarding treatment, transmission, or vaccination related to the infectious disease. The claim must be filed within one year of the death of the former patient or resident if neglect occurred during peacetime emergency.
The Changes to the Wrongful Death Law Application Date
According to the statute, the changes to Minn. Stat. 573.02 are effective the day following its enactment so effective as of May 20, 2023. The changes in the law applies to causes of action pending on or commenced on or after that date.
The New Minnesota Wrongful Death Law Protects Victims
Hire an experienced wrongful death attorney who has handled hundreds of wrongful death cases for Minnesotan families. It is essential that the supporting evidence is documented in the medical records, expert reports and other related documents and testimony to establish the necessary elements of the claims for pain and suffering and emotion distress. Hire an attorney that knows how hold negligent parties accountable and maximize recovery to the family.
Contact Us to Discuss Your Case
Have us explain your rights and how the new Minnesota wrongful death statute can help get the accountability for neglect suffered by your loved one. For a free no commitment consultation with a wrongful death attorney contact Kenneth LaBore at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.