How Does Minnesota’s New Survivorship Statute Impact Families for Wrongful Death Cases?

Up until recently in Minnesota, unlike most states, when an injured person died, most of their personal injury claim for damages died with them.  If the injured person’s death was not caused by the injury, the surviving spouse and other family members could only make a claim for medical bills and lost wages caused by the injury.  If the death was caused by the injury, the family was limited to economic damages and the value of the “counsel, guidance and aid” of the decedent.  The claim for pain and suffering and emotional distress suffered by the injured person completely went away when the injured person died.  Due to this old law, insurance companies and their attorneys strategically delayed and dragged their feet on these claims.

As of May 20, 2023, Governor Walz has signed the Minnesota Survivorship Statute which changes wrongful death claims in Minnesota.  In Minnesota, a trustee must be appointed to make a claim on behalf of the injured person who is now deceased.  This is typically the surviving spouse or a close family member.  Under this new law, trustees are able to make all of the same claims that the injured person would have been able to make had they lived.  This includes claims for pain, suffering, embarrassment, emotional distress, disability and disfigurement suffered by the injured person before they died, regardless of whether the death was caused by the injury or was just coincidental.  Insurance companies will no longer to receive a windfall for stall tactics and delays.  The new law is effective immediately and affects all pending and future claims.

This new law is an important step forward for Minnesota families who are facing tremendous loss.