Wrongful Death Survival of Injury Action
Death by Wrongful Act; Survival of Injury Actions
Wrongful Death Minn. Stat. 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 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.
Wrongful Death Claims for Pain and Suffering and Pecuniary Loss
According to the new Minnesota Wrongful Death Statute, Minn. Stat. 573.02, 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. 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.
Contact a Top-Rated Minnesota Wrongful Death Attorney
Attorney Kenneth LaBore has handled hundreds of wrongful death cases and has three 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.
