Amendments to Minnesota Wrongful Death and Survival Statutes Open the Door to Pain and Suffering Claims

On May 20, 2023, the amendments to the Minnesota wrongful death and survival statutes, Minn. Stat. §§ 573.01, 573.02, became effective. This means that duly appointed administrators can now bring claims for “all damages suffered by the decedent resulting from the injury prior to the decedent’s death” – on top of the pecuniary losses that have traditionally been available. While the meaning of the term “all damages” has yet to be fully hashed out, this new change appears to open the door to claims for pre-death personal injuries, pain and suffering, and more.