QUESTION
What can I do with a personal injury lawsuit if the plaintiff suddenly died?
Asked on Sep 25th, 2011 on Personal Injury - Washington
More details to this question:
My mom was in a middle of a personal accident claim . They made an offer 3 months ago but the attorney turned it down. Then she suddenly passed away yesterday. Will they still pay out?
20 ANSWERS
3 Awards
Sure will. Harder to prove the case, but still winnable.
Answered on Jul 09th, 2013 at 12:07 AM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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Yes, you can still recover, but you need to open an estate for your mother.
Answered on Sep 28th, 2011 at 12:28 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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See what her lawyer says first, then you might go to the clerk of court and qualify as her administrator (or if she had a will, the executor could do this) then the Estate of your mom becomes the claimant. The administrator or the executor makes the call with the lawyer. Get another lawyer if the first is not cooperative with you.
Answered on Sep 28th, 2011 at 12:18 PM
You will need to set up an estate for her. Depending on the nature of the claim she was pursuing and the theory of the case, the estate may be able to take her place as plaintiff. You should consult her personal injury attorney immediately.
Answered on Sep 28th, 2011 at 12:17 PM
Your mom's estate still has rights to pursue this claim. Unfortunately, if the case is not in litigation and your mother's testimony had not been secured, then there is less evidence to present her claim for pain and suffering. However, her claim is still valid and there are medical records to show injury and damage. The insurance company can pull an offer at any time, so you should be aware of this when deciding about resolution of this claim. You should speak to your mom's attorney about the next best steps.
Answered on Sep 28th, 2011 at 12:17 PM
The insurance settlement payment probably will be paid to your mother's estate if and when it is opened. Is there an attorney handling your mother's estate? If not, perhaps, you should at least timely seek the legal advice of an estate or probate attorney.
Answered on Sep 28th, 2011 at 11:53 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You need to ask that question of the attorney who was handling the personal injury claim. At the very least, when an estate is set up, the personal representative can be substituted in as plaintiff and I would think that you could still get an offer for the outstanding medical bills which the estate owes, or the decedent paid out of her pocket. If an attorney was handling the case, he or she would be the one to ask.
Answered on Sep 28th, 2011 at 11:39 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You should be asking your late mother's attorney that question. Other factors come in to play, such as the availability of witnesses, whether your mother had testimony on the record in the form of a deposition, whether there was a claim for permanent disability or future pain and suffering. They might pay something just to get rid of the matter, they might take the position that if there is now insufficient evidence to go forward there is no reason for them to pay anything.
Answered on Sep 28th, 2011 at 11:36 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes. The Estate of the deceased will still be liable, and her insurance coverage will cover any claim that it would have covered when she was alive.
Answered on Sep 28th, 2011 at 11:36 AM
Business Attorney serving North Andover, MA
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Law Offices of Andrew D. Myers
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You need to work with your attorney on this. Following the death of a party to a lawsuit there is a procedure that needs to be followed involving the filing of a document known as a "suggestion of death", and also an estate needs to be initiated. The only person with authority to continue the lawsuit after the death of a party is the party's duly appointed executor/executrix or administrator/administratrix. This has very unfortunately happened to a very few of my clients over the years and yes, the insurance still pays, but only through the proper procedure.
Answered on Sep 28th, 2011 at 11:35 AM
Personal Injury Law Attorney serving Kalispell, MT
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McGarvey|Anderson PLLC
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You have to timely file a claim with the estate in writing. The claim is filed with the personal representative or clerk of the Court where the probate or administration is being handled. However, your time to file a claim is now limited to 6 months from the date of notice. Notice is by publication therefore, you have to be proactive to make a claim. The insurance should be responsible for tort claims against the estate.
Answered on Sep 28th, 2011 at 11:11 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, they will still pay; however, the entity it pays will be different. The attorney will likely have to file additional paperwork if there has not already been paperwork filed naming a representative to the estate. The estate will receive the proceeds and it will be distributed according to the last will and testament or by the state's intestate laws.
Answered on Sep 28th, 2011 at 11:10 AM
2 Awards
Her claim is still valid but now belongs to her Estate. The attorney should be able to file a Suggestion of Death, make sure her Estate is opened, and then resolve the claim with the approval of whomever is appointed as her Administrator.
Answered on Sep 28th, 2011 at 11:05 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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You will need to open up a probate estate and the suit can continue. Damages may not be as large, but the case should still be valid.
Answered on Sep 28th, 2011 at 10:51 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Possibly. Her Estate is going to have to be substituted for her in order to continue the case.
Answered on Sep 28th, 2011 at 10:42 AM
The claim belongs to your mother's estate. Once a personal representative is appointed for your mother's estate, the personal representative can bring the claim.
Answered on Sep 28th, 2011 at 10:27 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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First, sorry for the loss of your mother. Secondly, this is a difficult question that should be discussed with her attorney. There is a procedure when a plaintiff dies. Please note that a claim on behalf of a deceased person cannot include emotional distress damages. Thus, the value of the claim may be diminished.
Answered on Sep 28th, 2011 at 10:12 AM
Civil Practice Attorney serving Redmond, WA
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Magnuson Lowell P.S.
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They can - but they may not offer what they had offered before, because they know it will be difficult for you to prove your mother's pain and suffering claim.
Answered on Sep 28th, 2011 at 9:55 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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I have known attorneys who have faced this dilemma in the past and they have handled it in different ways. One attorney merely called the other side and asked if the offer was still open and when it was, he accepted it without telling the other side of his client's death. The more appropriate way to handle it might be to open an estate on behalf of the plaintiff and appoint a personal representative to handle the assets of the estate, including the personal injury claim. This latter method would most likely damage most personal injury claims because the plaintiff would not be available to testify on her own behalf. Finally, if the death can be linked to the personal injury, then you would have a wrongful death cause of action against the defendant. In that case a personal representative should be appointed and should make the claim against the defendant for wrongful death of the plaintiff.
Answered on Sep 28th, 2011 at 9:55 AM
New User
I assume the offer was from an insurance company, so the death should not matter. If it was from the deceased individually, you can still make the claim, and depending on the assets, still collect.
Answered on Sep 28th, 2011 at 9:15 AM