QUESTION
There is a pending settlement for personal injury case but the plaintiff died. What happens to the case?
Asked on Aug 31st, 2013 on Personal Injury - Utah
14 ANSWERS
Ronald A. Steinberg
If the case was, in fact, settled, then the money must be processed through the probate court for the county.If it was NOT settled, then it is possible that the case would have died with the deceased unless a deposition was taken to preserve the testimony. If the death was as a direct result of injuries sustained in the accident, then the case becomes one of a Wrongful Death claim, which can be worth a ton of money.
Answered on Sep 05th, 2013 at 10:28 AM
The claim belongs to the deceased person's estate, meaning the heirs and creditors.
Answered on Sep 04th, 2013 at 10:58 AM
James Eugene Hasser
It depends on the terms of the settlement, the nature of the claim and the cause of death, but if settlement was reached before death, it should be a valid agreement that the estate could enforce. Good luck.
Answered on Sep 03rd, 2013 at 1:48 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It disappears and the money is more than likely gone.
Answered on Sep 03rd, 2013 at 11:07 AM
Thomas Edward Gates
The insurance company or estate proceeds to settlement as if he was still alive.
Answered on Sep 03rd, 2013 at 10:56 AM
4 Awards
My estate will be opened and the personal representative of the estate will substitute as plaintiff. If the plaintiff's death is related to the injuries from the lawsuit, the case may have an amended complaint for wrongful death.
Answered on Sep 03rd, 2013 at 10:22 AM
They may substitute the estate.
Answered on Sep 03rd, 2013 at 10:18 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Money is paid to his estate. If one not opened it may be. See clerk of your county court
Answered on Sep 03rd, 2013 at 10:17 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The administrator of the estate is substituted, the money is received by the estate and distributed to the beneficiaries.
Answered on Sep 03rd, 2013 at 10:14 AM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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If the settlement was pending than the claim survives. The plaintiff's legal representative will need to open an estate to process the settlement documents. The proceeds of the settlement will be distributed as part of the plaintiff's estate assets.
Answered on Sep 03rd, 2013 at 10:13 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The case can be pursued by the heirs or beneficiaries of the deceased's will.
Answered on Sep 03rd, 2013 at 10:11 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Plaintiff's Estate is substituted in as the Plaintiff and any settlement/verdict gets distributed per Plaintiff's Estate Plan or the Descent & Distribution statute of the state if no Estate Plan.
Answered on Sep 03rd, 2013 at 10:10 AM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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Heirs are substituted for the deceased and divide settlement
Answered on Sep 03rd, 2013 at 10:10 AM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Usually, the estate of the deceased plaintiff will replace the plaintiff, and the heirs of the decedent (plaintiff who died) will receive the funds pursuant to a will, if the plaintiff had one, if not, then the State intestacy laws (for those who die without a valid will) will set forth how the settlement money will be distributed.
Answered on Sep 03rd, 2013 at 10:07 AM