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Well, yes, it’s different in a number of respects, for instance, Minnesota has no cap; no upper limit on what damages can be awarded in a wrongful case. Our sister state next door in Wisconsin has a $350,000.00 cap on non-economic damages. So you can have economic damages like your wage losses, which aren’t capped but in Wisconsin, the non-economic damages are capped at $350,000.00 Minnesota does not do that.
Another example would be in Wisconsin, for instance, between the time of an accident, a crash for instance, and the time of death it could be minutes, it could be days, it could be weeks, it could be months and then that person ultimately dies. Well, in Wisconsin, the estate can recover for that period of suffering that the decedent had. In Minnesota, the claim dies with the decedent so there’s no post injury pain and suffering claim in Minnesota. And every states a little bit different.
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Minneapolis personal injury lawyer Bill Sieben describes the difference between Minnesota’s wrongful death laws and other states’ wrongful death laws.