Legal Outline
No survival action
Minnesota is in the minority of states that does not recognize what is usually called “a survival action.” A survival action is where a representative is allowed to file or maintain a personal injury or medical malpractice claim on a deceased person’s behalf even though they have died, and recover the damages normally awarded in […]
Learn MoreWrongful Death Damages
Damages in a Minnesota wrongful death lawsuit are defined as the pecuniary loss suffered by the next of kin. Minn. Stat. § 573.02. “Pecuniary” means money and the relevant jury instruction asks the jury to determine an amount of money that will fairly and adequately compensate the next of kin for the losses that they […]
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