Written by attorney Kenneth Lee LaBore

What Damages are Available Under Minnesota Jury Instructions?


Minnesota CIVJIG 91.75 sets forth the measure of damages in a wrongful death claim in Minnesota. We believe the following sections from CIVJIG 91.75 are relevant:

Money Value of Damages

When you consider damages for claimant (s), determine an amount of money that will fairly and adequately compensate (claimant)(s) for the losses (he) (she) (they) suffered as the result of this death. You should consider what (name of deceased) would have provided to the (claimant)(s) if (he) (she) (they) had lived.

Factors to consider:

You should consider:

1.(His) (Her) contributions in the past

2.(His) (Her) life expectancy at the time of (his) (her) death

3.(His) (Her) health, age habits, talents, and success

  1. (His) (Her) occupation

  2. (His) (Her) past earnings

  3. (His) (Her) likely future earning capacity and prospects of bettering (himself) (herself) had (he) (she) lived

  4. (His) (Her) personal living expenses (cost of supporting the child)

8.(His) (Her) legal obligation to support the (surviving spouse) (next of kin) and the likelihood that (he)

9.All reasonable expenses incurred for a funeral and burial (etc.), and all reasonable expenses for support due to (his) (her) last sickness, including necessary medical and hospital expenses incurred after and as a result of the injuries causing death

  1. [The probability of (name of decedent)’s paying the debt owned by ______________ to ______________]

11.The counsel, guidance, and aid (he) (she) would have given (claimant) (s)

12.[The advice, comfort, assistance, and protection that (name of decedent) would have given if (he) (she) had lived.]

Lost time together:

Decide the length of time those related might be expected to survive together. You should compare the life expectancy of (name of decedent) with the life expectancy of each claimant.

Take into account only the amount of time the two being compared would be expected to survive together.

Base your money damages for each claimant on the shorter life expectancy of the two being compared.

If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota, please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact attorney Kenneth LaBore, directly please send an email to [email protected], or call Ken at 612-743-9048.

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