Survival of Injury Claims
Survival of Injury Claims

New Injury Claim Created by Statute

In 2023 the Minnesota law on wrongful death was changed the new survival of injury claim allows the next of kin of the decedent to bring a claim for the injuries suffered that are not the cause of the death.

In addition to allowing for all damages including pain and suffering of the victim of neglect, there are also pecuniary loss, funeral expenses and last medical expenses damages that can be awarded.

Minn. Stat. 573.01 states: “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.”

Injury Claim Unrelated to Death Now Allowed

According to Minn. Stat. 573.02, Subd. 2, “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”.

Contact an Experienced Attorney

If you have concerns about accident which lead to injuries or the death of someone in your family contact attorney Wrongful Death Attorney Kenneth LaBore for a free consultation to discuss you questions and options at 612-743-9048 or by email at