Wrongful Death Lawyer

Answer: Pursuant to Minn. Stat. 573.01 Survival of Causes, A cause of action arising out of an injury to the person 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.

Answer: 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.”

Answer: Here is the process to bring a wrongful death claim in Minnesota set forth in section Minnesota Statute Section 573.02, subd. 2:

A TRUSTEE MUST BE APPOINTED: Death 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.

Answer: 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

Answer: According to Minn. Stat. 573.02, Subd. 1, The recovery in the action is the amount the jury deems fair and just for all damages suffered by the decedent resulting from the injury prior to the decedent's death and 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. The court then determines the proportionate pecuniary loss of the persons entitled to the recovery and orders distribution accordingly. Funeral expenses and any demand for the support of the decedent allowed by the court having jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as provided in section 549.20.

Answer: In Minnesota wrongful death pecuniary damages or loss is a legal term which means economic loss from loss of benefits received from the deceased they are measurable compensable damages.

In Minnesota the term “pecuniary loss” is not well defined. It is an element of the wrongful death jury injuries (JIGs) and is not defined by statute, but through caselaw as the loss of “advice, counsel and loss of companionship.”

According to Minnesota Statutes Annotated: the statute does not define pecuniary loss. [The court has ruled in the past however], that pecuniary loss includes loss of “advice, counsel, and loss of companionship.” Jones v. Fisher, 309 N.W.2d 726, 730 (Minn.1981); see also Gravley v. Sea Gull Marine, Inc., 269 N.W.2d 896, 901 (Minn.1978) (noting that pecuniary loss includes “loss of advice, comfort, assistance, and protection”).