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Wrongful Death

Wrongful Death Attorney Kenneth LaBore

Nursing home abuse and neglect is a serious threat the safety and lives or our seniors. Minnesota Nursing Home Wrongful Death Attorney Kenneth L. LaBore has spent the majority of his career handling complex medical malpractice and wrongful death cases, primarily for the victims and family of residents of elder care and supervised facilities, such as nursing homes, assisted living facilities, memory care units, group homes and others. Most nursing home and elder neglect cases and deaths stem from an incident or event that could have been easily prevented with adequate numbers of qualified staff.

Hire an Attorney Who Knows How Hold the Facility Accountable

Minnesota Nursing Home Wrongful Death Attorney Kenneth LaBore is familiar with Minnesota wrongful death law and can help your family get the maximum recovery.  Equally important, he knows how to hold the facility accountable by seeking fundamental changes in the facility such as increased training, changes in policies and procedures, etc., to ensure a similar event does not happen to others. See my article on pain and suffering and the New Minnesota Wrongful Death Law.

Here are Common Issues for Death by Wrongful Act in Minnesota

Call to Discuss Your Case

Call Kenneth L. LaBore for a free consultation. He has handled hundreds of nursing home abuse, neglect and wrongful death cases over three decades of practice and is willing to discuss your concerns free of charge in an initial consultation.  If someone you love has died as a result of abuse or neglect in a nursing home, then contact Kenneth LaBore locally at 612-743-9048 or call his direct toll-free number 1-888-452-6589 or by email at KLaBore@MNnursinghomeneglect.com.

Minnesota Wrongful Death Trustee. According to Minn. Gen. Rule of Practice, Rule 144.01 Application for Appointment of Trustee, “every application for the appointment of a trustee of a claim for death by wrongful act under Minnesota Statutes, section 573.02, shall be made by the verified petition of the surviving spouse or one of the next of kin of the decedent. The petition shall show the dates and places of the decedent’s birth and death; the decedent’s address at the time of death; the name, age and address of the decedent’s surviving spouse, children, parents, grandparents, and siblings; and the name, age, occupation and address of the proposed trustee. The petition shall also show whether or not any previous application has been made, the facts with reference thereto and its disposition shall also be stated. The written consent of the proposed trustee to act as such shall be endorsed on or filed with such petition. The application for appointment shall not be considered filing of a document in the case for the purpose of any requirement for filing a certificate of representation or civil cover sheet.

A title or name of a lawsuit in death by wrongful act case is a Minnesota wrongful death caption. The caption is used as the formal name of the case for court records and citation purposes.

Minn. Gen Rule of Practice, Rule 144.03, Caption. The petition, any order entered thereon, and the trustee’s oath, will be entitled: “In the matter of the appointment of a trustee for the next of kin of __,Decedent.”

According to Minn. Stat. 604.11, Subd. 1., “contributory fault does not bar recovery in an action by any person or the person’s legal representative to recover damages for fault resulting in death, in injury to person or property, or in economic loss, if the contributory fault was not greater than the fault of the person against whom recovery is sought, but any damages allowed must be diminished in proportion to the amount of fault attributable to the person recovering. The court may, and when requested by any party shall, direct the jury to find separate special verdicts determining the amount of damages and the percentage of fault attributable to each party and the court shall then reduce the amount of damages in proportion to the amount of fault attributable to the person recovering.”

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 wrongful death punitive damages is an issue where a party is able to establish the elements of Minn. Stat. 541.20. Punitive damages are considered a proper issue for the factfinder (jury or judge) to determine as a deterrent for similar reckless or dangerous behavior by the actor and public at large. The plaintiff does not generally plead punitive damages in the complaint in Minnesota District Court but needs to later petition the court to allow for such amendment.

According to Minn. Stat. 549.191, “upon commencement of a civil action, the complaint must not seek punitive damages. After filing the suit a party may make a motion to amend the pleadings to claim punitive damages. The motion must allege the applicable legal basis under section 549.20 or other law for awarding punitive damages in the action and must be accompanied by one or more affidavits showing the factual basis for the claim. At the hearing on the motion, if the court finds prima facie evidence in support of the motion, the court shall grant the moving party permission to amend the pleadings to claim punitive damages. For purposes of tolling the statute of limitations, pleadings amended under this section relate back to the time the action was commenced.”

Here is the process set forth in section 573.02, subd. 2:

A TRUSTEE MUST BE APPOINTEDDeath Action: 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.

WRONGFUL DEATH STATUTE OF LIMITATIONS: 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. An action to recover damages for a death caused by an intentional act constituting murder may be commenced at any time after the death of the decedent.

Any other action under this section may be commenced within three years after the date of death provided that the action must be commenced within six years after the act or omission.

There is a new provision that deals with the Peacetime Emergency Injury Action statute of limitations in Minn. Stat. 573.021 effective May 20, 2023, which states that there is a one-year statute for health care providers 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.

According to Minn. R. Gen Prac. 144.05. Distribution of Proceeds. Application for the distribution of money recovered under Minnesota Statutes, section 573.02, shall be by verified petition of the trustee. Such petition shall show the amount which has been received upon action or settlement; a detailed statement of disbursements paid or incurred, if any; the amount, if any, claimed for services of the trustee and of the trustee’s lawyer; the amount of the funeral expenses and of demands for the support of the decedent; the name, age and address of the surviving spouse and each next of kin required to be listed in the petition for appointment of trustee and all other next of kin who have notified the trustee in writing of a claim for pecuniary loss, and the share to which each is entitled

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