QUESTION
My mom died of cancer and she had a pending personal injury case which she had her deposition can we use that and still settle?
Asked on Oct 12th, 2012 on Personal Injury - Missouri
More details to this question:
My mom was seriously hurt, we have a stack of medical bills to prove how much and how long she suffered just from the fall. She had her whole right shoulder replaced, physical therapy for months after, while she was battling cancer. I personally think they had more than enough time to settle or at least make an offer, over 3 years she waited for them to settle. She died Dec 29 2011 and her trial was then set for April 2012 and it was thrown out. Can I appeal it she has a will with my aunt to speak on her behalf and the deposition on file?
12 ANSWERS
Ronald A. Steinberg
Absolutely. Her testimony was preserved for trial. As her cancer doctor if the accident contributed to her death. Sometimes a significant trauma can do that.
Answered on Oct 18th, 2012 at 11:17 AM
In Iowa her claim continues so long as you open an estate and substitute the executor of the estate as the named plaintiff. You're lawyer should either know how to do this or that he/she needs to hire someone that does.
Answered on Oct 16th, 2012 at 8:38 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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It is hard to say with certainty without knowing all the facts, but the decision to dismiss your mother's case looks wrong. The time to file an appeal has long passed; but, depending on the status of your mother's estate, there might be a possibility to get around the time limit for appeals.
Answered on Oct 16th, 2012 at 8:23 PM
Yes. The lawsuit would belong to her estate. The estate would settle or continue the lawsuit.
Answered on Oct 15th, 2012 at 5:38 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If any of her treating doctors are willing to testify that her injuries caused or contributed substantially to her death, then there might be a wrongful death case. I would ask the lawyer who represented her in her personal injury case if they can talk to her treating docs to get them to give you the causation needed for a death case.
Answered on Oct 15th, 2012 at 3:03 PM
Steven D. Dunnings
Talk to her attorney This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
Answered on Oct 15th, 2012 at 3:03 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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"Thrown out" what does that mean? if a trial was set and she passed before trial the case could have been amended and her estate could have proceeded to trial. So I don't know what you mean by "thrown out" (unless there was good legal reason based on facts or law) after 3 years it is too late. You might have appealed whatever was done in April but the time for that has passed as well. I think you are out of options.
Answered on Oct 15th, 2012 at 2:58 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It was thrown out in April and now you are making inquiries in October. It may be too late to file an appeal. If your mother had a trial date, that means she had a lawyer. What did he/she have to say about that?
Answered on Oct 15th, 2012 at 2:56 PM
Thomas Edward Gates
The estate of your mother would be the one to take any legal actions. Based upon the dates you have given, it would appear that the statute of limitation ran out.
Answered on Oct 15th, 2012 at 2:56 PM
You should consult with your mother's lawyer if she had one before she died. If of you should contact a personal injury or probate lawyer?for specific legal advice and direction.
Answered on Oct 15th, 2012 at 2:55 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Oct 15th, 2012 at 2:52 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You need to contact me for a referral to an experienced attorney in this area
Answered on Oct 15th, 2012 at 2:50 PM