All Damages Including Pain and Suffering Now Available
Finally, thankfully, the law in Minnesota now protects victims – understanding new Minnesota wrongful death law is now easier. As of May 20, 2023, 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 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. [stricken provisions and new provisions included].
Injury Claims Now Survive After Death of Decedent
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 all damages arising out of such injury if the decedent might have maintained an action therefor had the decedent lived. An action under this subdivision 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. [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.
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 Will Help Get Accountability
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.
Minnesota Nursing Home Wrongful Death Attorney Knows 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.
More Information New Minnesota Wrongful Death Law
WRONGFUL DEATH STATUTE OF LIMITATIONS
DO INJURY CLAIMS SURVIVE AFTER DEATH?
WRONGFUL DEATH CAPTION OF LAWSUIT
WRONGFUL DEATH APPOINTMENT OF TRUSTEE WHO CAN FILE LAWSUIT?
WHO IN FAMILY MUST BE GIVEN NOTICE OF INTENTION TO BRING CLAIM?
CAN COURTS TRANSFER WRONGFUL DEATH ACTION IN MINNESOTA?
HOW ARE PROCEEDS FROM WRONGFUL DEATH LAWSUIT DISTRIBUTED?
Information About Wrongful Death Injuries
- Bed Sores / Pressure Ulcers
- Fall injury / Injuries
- Medication Errors
- Dehydration
- Malnutrition
- Physical Abuse
- Infectious Disease
- Wandering & Elopement
- Elder Burn Injuries
- Choking & Asphyxiation
- Breathing Tube Care
- Urinary Infections & Sepsis
- Violation of Resident Rights
- Patient Lift Injuries and Other Improper Use of Medical Equipment
- Minnesota Nursing Home Wrongful Death Attorney
Call Kenneth L. LaBore for a free consultation. He has handled hundreds of nursing home abuse, neglect and wrongful death cases 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.
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