What is Pecuniary Loss?
Under Minnesota wrongful death law pecuniary loss is a financial loss as a result of the negligent loss of a family member. It is described in Minn. Stat. 573.02, Subd. 1 as damage that can be awarded in a death claim. 573.02 reads: “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“.
Damages for Loss of Advice, Comfort, Assistance and Protection
The Minnesota Supreme Court describes ‘pecuniary loss’ as in Brua v. Minnesota Joint Underwriting Ass’n “…we have stated that pecuniary loss includes damages for loss of advice, comfort, assistance, and protection. See Jones v. Fisher, 309 N.W.2d 726, 730 (Minn.1981); Gravley v. Sea Gull Marine, Inc., 269 N.W.2d 896, 901 (Minn.1978); see also 4 Minn. Dist. Judges Ass’n, Minnesota Practice—Jury Instruction Guides, Civil, CIVJIG 45.45 (5th ed. 2006) (stating that pecuniary loss “is financial loss, but also includes loss of counsel, guidance, and aid”). Brua v. Minnesota Joint Underwriting Ass’n, 778 N.W.2d 294 (Minn. 2010).
Contact an Experienced Attorney
If you have questions about the pecuniary loss related to the death of someone in your family contact attorney Kenneth LaBore for a free consultation to discuss you questions and options at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.