QUESTION

What would happen if one died before slip fall case was filed?

Asked on Dec 20th, 2014 on Personal Injury - California
More details to this question:
My father died in June 2011. 3 months later in September 2011 without the estates permission, the lawyer contacted the insurance company where the fall happened and received a $5,000 check for medical expenses in the deceased name and the lawyer’s name, his attorney. Doesn't the case die when my father died? The case was never filed and the lawyer never completed the case paperwork. Is there a law or statute of limitation that this lawyer violated?
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3 ANSWERS

Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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I'll keep it simple. Take this up with the representative of his decedent estate. Why would you want his claim to die with him?
Answered on Dec 23rd, 2014 at 10:59 AM

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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

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Edwin K. Niles
Dad?s estate is entitled to payment for any medical expenses, but not pain and suffering. Slip and fall cases are usually discounted because of questionable liability.
Answered on Dec 22nd, 2014 at 7:54 PM

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