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RELEASE: Bipartisan Bill Introduced to Allow Legal Claims to Continue Beyond a Plaintiff’s Death

Friday, March 17, 2023

SAINT PAUL, Minn. - Yesterday, the Minnesota House Judiciary Finance and Civil Law Committee held a public hearing on House File 1019, authored by Rep. Sandra Feist (DFL – New Brighton). In the event of a plaintiff’s death, this bill will allow a family to recover all the damages a person suffered before death in a wrongful death or injury action, as in other states. In addition, this bill will eliminate any benefit for delaying the resolution of a claim. 

Minnesota receives high marks for fairness in our civil justice system,” said Rep. Feist. Yet, we are the only state that mandates that injury claims die with the person and does not survive for the benefit of their estate. This has allowed some to escape accountability for wrongful acts because Minnesota has a perverse incentive to stall claims and wait for someone’s death. This change in the law will address glaring injustices that have led to deep and avoidable suffering.”

This issue first came to light for us when very troubling instances of abuse occurred in a care facility in Albert Lea,” said Joel Carlson with the Minnesota Association for Justice. “Seven families sought justice in our court; all seven of them were dismissed because of this law. We have been trying doggedly to pass this bill since 2013 to bring justice to these families.” 

The bill passed the committee unanimously and was placed on the House General Register. The Senate’s companion bill is moving through its committee processes. 

Video of the bill presentation can be viewed here.

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