STATE LAW – MINNESOTA LIBRARY – GUIDE 20
Minnesota Wrongful Death & Survival Claims
Minnesota materially changed survival law in 2023. Older statements that a personal-injury claim automatically dies with the injured person are no longer reliable without checking the amended §§ 573.01–573.02.
Death & Survival
Wrongful death is brought through a court-appointed trustee
Minn. Stat. § 573.02 authorizes a trustee appointed by the court to maintain or continue qualifying wrongful-death and injury claims for the benefit of the statutory beneficiaries.
2023 survival reform matters
Minn. Stat. § 573.01 now provides that a cause of action arising from injury to the person survives death in accordance with § 573.02. The 2023 amendments also expanded the damages recoverable through the modern survival/wrongful-death framework. Older cases and guides stating broadly that personal-injury claims die with the claimant should be treated as potentially superseded.
Timing
For ordinary wrongful-death actions under § 573.02, the current statute generally requires commencement within three years after death and within six years after the act or omission, subject to special rules for professional negligence, intentional murder, and other statutory circumstances.
Damages and distribution
The statute permits recovery the jury deems fair and just for damages suffered by the decedent before death and pecuniary loss resulting from death, for the exclusive benefit of the surviving spouse and next of kin. The court determines proportionate distribution. Funeral expenses and allowed support demands are addressed by the statute before distribution.
Coordinate insurance and lien issues
Investigate liability, commercial, umbrella, UM/UIM, PIP survivor benefits, workers’ compensation, government-claim limits, and reimbursement interests before resolving a fatal-crash claim.
Authorities
Primary Minnesota authority for this topic
Use the current statute, controlling decisions, and operative policy before legal reliance.