Minnesota Wrongful Death Attorney
Minnesota Wrongful Death Attorney

Minnesota Statute 573.02 Wrongful Death

Wrongful death actions are distinct legal claims created by statute which can be brought on behalf of the next-of-kin of a person who suffers an injury due to the negligence of another which results in death.  Minnesota Statute 573.02 is the controlling statute concerning a wrongful death action. 

Pain and Suffering Now Allowed in Minnesota

In 2023 the Minnesota law was changed to include pain and suffering and all damages for wrongful death claims. This is a big change and should help victims as now the jury decide how much pain the deceased suffered for the injuries which lead to their death.

Pecuniary Loss in Death Claim

The next-of-kin can bring an action to recover damages for the amount the jury deems fair and just 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. The court then determines the proportionate pecuniary loss of the persons entitled to the recovery and orders distribution accordingly.

Pecuniary Loss. The statute does not define pecuniary loss. 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”). The sample jury instructions state that “[p]ecuniary loss is financial loss, but also includes loss of counsel, guidance and aid.” 4 Minn. Dist. Judges Ass’n, Minnesota Practice-Jury Instruction Guides, Civil, CIVJIG 45.45 (5th ed.2006).

A wrongful death action in Minnesota 

Many wrongful death cases in a nursing home setting are the result of a preventable event such as fall injury with resulting fractures or a subdural hematoma, or from some form of infection, such as urinary tract infections, or septic pressure sores, or wounds.

If a loved one has suffered from an untimely death due to the neglect of a health care professional or facility, contact Attorney Kenneth L. LaBore to hold the negligent party accountable and get the recovery your family is entitled.  Mr. LaBore can be reached for a free consultation by email at KLaBore@MNnursinghomeneglect.com or by phone at 612-743-9048 or toll free at 1-888-452-6589.

Minnesota Wrongful Death Actions
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