QUESTION
If you are in an auto accident and have a lawsuit pending and you die not from the accident, can your spouse take over the case?
Asked on Nov 12th, 2013 on Personal Injury - Utah
10 ANSWERS
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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If you die as the direct and proximate result of injuries you sustained in the collision/accident, someone can open an estate on your behalf and still pursue the claim. The beneficiaries could be your spouse, children etc. If you have serious injuries as the result of an accident and believe you or a loved one may pass away, you will want to meet with an attorney immediately to preserve evidence for the case.
Answered on Nov 15th, 2013 at 1:14 PM
Edwin K. Niles
Yes, but only for out-of-pocket expenses.
Answered on Nov 13th, 2013 at 7:10 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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The Personal Representative of your Estate will be able to continue the cause of action should you pass away. Your inability to be present at any litigation/trial could impact the value of the case. If you are in poor health, a videotape deposition may be in order to preserve your testimony - ask your lawyer.
Answered on Nov 13th, 2013 at 7:09 PM
Ronald A. Steinberg
A claim for pain and suffering typically dies with the passing on of the victim. However, if the cause of death is from the accident, then the spouse can sue for wrongful death. I just settled one like this.
Answered on Nov 13th, 2013 at 7:09 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You executor or personal rep (appointed by the court) will take over the case. That might be your spouse if she chooses.
Answered on Nov 13th, 2013 at 7:08 PM
James Eugene Hasser
Whoever is in charge of your estate takes over the case. Good luck.
Answered on Nov 13th, 2013 at 7:08 PM
Estate Planning Attorney serving Seattle, WA
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Law Offices of Scott K. Wilson
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Yes. Technically, whoever is appointed as the executor or administrator of the deceased's estate would take over the case and that person is usually the surviving spouse.
Answered on Nov 13th, 2013 at 7:03 PM
1 Award
A special administrator or personal representative of the probate estate must be substituted for the person who died. The substitution of parties must be accomplished within 90 days of the filing of a suggestion of death. See Wis. Stat. sec. 803.10 (2011-12).
Answered on Nov 13th, 2013 at 7:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The cause of action becomes part of the estate and continues.
Answered on Nov 13th, 2013 at 7:02 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Actually, the estate of the decedent (person who died that was injured by another person in the car accident) automatically stands in place of the decedent in the case. Often it is the wife of the deceased husband, or the husband of the deceased wife that becomes the Executor (male) or Executrix (female) of the estate. However, other family members of the decedent, and even friends of the decedent, can be appointed by the court to be Executor or Executrix.
Answered on Nov 13th, 2013 at 7:00 PM