QUESTION
If I have a friend who is a plaintiff in a slip and fall suit and the defendant died, what happens now?
Asked on May 02nd, 2013 on Personal Injury - Michigan
More details to this question:
Does she have to wait till the estate appoints an executor?
14 ANSWERS
Yes, she needs to amended the lawsuit to change the name of the defendant to that of the defendant's estate. If the court is not pushing her, she can wait until an administrator is appointed. If that process is not going forward she can nominate someone to be administrator.
Answered on May 07th, 2013 at 4:59 PM
1 Award
Assuming the defendant had homeowners insurance, the death will not make a big difference. If there was no insurance, a claim would have to be made with the probate estate of the defendant and the personal representative of the estate would have to be substituted as the defendant. The lawyer representing your friend will know what to do.
Answered on May 07th, 2013 at 4:58 PM
James Eugene Hasser
A suggestion of death should be filed in the lawsuit and the person in charge of the estate will have to step in once appointed. Good luck.
Answered on May 07th, 2013 at 3:41 PM
Ronald A. Steinberg
Usually, a representative needs to be appointed for the estate of the deceased. If there is homeowner's insurance, the insurance attorney will continue to defend the case.
Answered on May 07th, 2013 at 3:22 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The action is continued against the estate of the deceased. If there is insurance coverage the carrier will likely take care of that. If there is no coverage your friends lawyer may have to do it.
Answered on May 07th, 2013 at 3:08 PM
It depends on which state the suit is filed. In Iowa you have to move to substitute the estate.
Answered on May 07th, 2013 at 3:02 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Chances are there is an insurance company who is actually doing the defending. Have our friend talk with her attorney about this. That is why he or she is there.
Answered on May 03rd, 2013 at 12:11 PM
Thomas Edward Gates
The estate becomes the defendant and, yes, there needs to be an executor appointed for the case to proceed.
Answered on May 03rd, 2013 at 12:11 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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The case carries on. If there was insurance, the carrier is still on the hook. The defendant's estate steps in as the defendant.
Answered on May 03rd, 2013 at 12:11 PM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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The case can keep moving forward. Your friend's attorneys will amend the complaint to name the defendant's Estate.
Answered on May 03rd, 2013 at 12:10 PM
John Hone
The case proceeds. The homeowners policy remains responsible to indemnify for the damages regardless. However, you lose the evidence of his testimony.
Answered on May 03rd, 2013 at 12:09 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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And how is this any of your business?
Answered on May 03rd, 2013 at 12:09 PM
1 Award
If a succession is opened, the succession representative, executor or administrator, has to file an action to be substituted as the plaintiff and can pursue the claim.
Answered on May 03rd, 2013 at 12:09 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I suspect the defense coming from an insurance company which now will represent the estate of the deceased individual.
Answered on May 03rd, 2013 at 12:08 PM