Pain and Suffering Now Included in Minnesota Wrongful Death Damages

As of 2023 pain and suffering of the deceased in now included in Minnesota Wrongful Death Damages. This claim did not previously exist in our state and is important to get accountability for what the victim of neglect as well as damages for the pecuniary loss suffered by the next of kin. This change in the law should help in the recovery made by families as a result of the injury or death.

New Wrongful Death Damages

As stated above pain and suffering is included through broad language allowing for all damages related to the death. Minn. Stat. Sec. 573.02, states: 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.

Contact a Top-Rated Minnesota Wrongful Death Attorney

Attorney Kenneth LaBore has handled hundreds of wrongful death cases and has 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. Disclaimer

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota