Attorneys Mark Kosieradzki and Joel Smith recently had their article, Repeal Minnesota’s Outdated Abate Statute, published in the 2014 winter edition of Minnesota Association for Justice Magazine. The article covers the current Minnesota abatement statute, examples of injustice in Minnesota, survival statutes in the United States and a call for change in Minnesota’s current survival statute.
Currently, the Minn. Stat. § 573.02 states that, “when injury is caused to a person by the wrongful act or omission of any person or corporation and the person thereafter dies from a cause unrelated to those injuries, the trustee appointed may maintain an action for special damages arising out of such injury,” but that action does not apply to any death or cause of action arising prior to its enactment.
“The existing abatement law is unjust. The law encourages wrongdoers to avoid liability by prolonging litigation until the claim abates with the victim’s unrelated death,” the article states. Unlike Minnesota, Forty-five states currently permit the injury claim to continue after the injured person’s death from unrelated causes.
Mark and Joel have had several of their articles featured in different publications throughout their careers. In addition to their articles they speak at seminars across the nation educating lawyers on new techniques and assist attorneys as co-counsel throughout the United States.
Mark and Joel and The Kosieradzki • Smith Law Firm represents clients in cases involving catastrophic injury caused by nursing homes and other care facilities that fail to provide proper care. If you believe your loved one has been harmed due neglect or abuse in a nursing home, take action and contact the Kosieradzki • Smith Law Firm online or call us toll-free at (877) 552-2873 to set up a no-cost, no-obligation consultation.