Wrongful Death Statute Changes

In 2023, the Minnesota State Legislature made changes to the wrongful death statute: family may now seek damages for pain and suffering.

Under Minnesota Law, a family is entitled to seek compensation if a loved one’s death was caused by carelessness or criminal negligence. During the 2023 regular session of the Minnesota State Legislature, the statute was amended to include new provisions.

What are the changes to the wrongful death statute?

In 2023, the Minnesota State Legislature made two important changes to the wrongful death statute. The statute used to only allow for money to be paid for pecuniary loss that the family of the decedent incurred because of the death. Also, if a person was injured prior to death, but their death was not caused by the injury, the personal injury claim was lost.

What kind of compensation can I receive?

It is no secret that prior to dying, the person who was injured may experience pain and suffering. Now, as part of a wrongful death claim, the family members of the decedent may seek money damages to account for the pain and suffering the decedent experienced prior to their death. This is in addition to money damages the family members may seek for pecuniary loss related to the death.

What if the person was injured before they died, but the injuries did not cause the death?

A trustee of a person estate may seek money damages for injuries that happened prior to a person’s death but did not cause their death. This includes medical expenses, loss wages, and pain and suffering. The statute used to only allow the trustee to seek special damages, that is medical expenses, lost wages, or other damages that can be specifically described. However, now, damages can be sought for pain and suffering prior to death.

How do I pursue damages for injuries to my loved one?

It is important that you speak with an experienced wrongful death attorney about your claim. These claims need to be filed within a specific period after the injury and death. An experienced attorney can evaluate your claim for no cost and pursue your claim with accuracy.

The attorneys at Sieben & Cotter have been successful in pursuing wrongful death claims.  If you believe your family member’s death was caused wrongfully, call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.