Your question is missing some information. I assume your father hired the attorney to handle the case, so it was alright for the attorney to proceed forward, but the attorney had no ability to settle the case without either your father's signature or, since he was dead, that of the administrator of his estate. The insurance company would not settle without getting that signature. So I do not see how the attorney could settle without the approval of the person handling the estate. Upon your father's death, any claim he had for pain and suffering disappeared. There is a one year statute of limitations to sue for malpractice.
Answered on Dec 23rd, 2014 at 10:59 AM