Q: What happens if an injured claimant dies before their Fayette County personal injury case is settled?
When an injured claimant dies before their personal injury case is settled, the claim will often carry on through the deceased’s estate. The executor of the will, or an administrator if there is no will, should petition the court to establish an estate. That person would then take the place of the deceased plaintiff. Laws vary by state, so it is important to hire a Fayette County injury attorney who can help you with the process.
Those who will benefit from the deceased’s estate, such as family members and other heirs, are able to pursue the claim. However, any outstanding expenses from the injury, such as medical bills, will also belong to the person who wishes to carry on with the personal injury case.
Consulting with your Fayette County injury attorney is the best step because the insurance company will require attention. They may need some simple documentation or they may do something extreme, like pull their offer, if there was one.
Your attorney can advise you of how to deal with the insurance company. Your next steps will depend on what stage the personal injury case was left at. It may be easier if it was close to settlement. If the case was still in preliminary stages, you will need to decide if you want to continue to pursue it.
If your loved one died before their personal injury case was settled, you need a Fayette County injury attorney to advise you of your next steps. Rated one of the top trial lawyers in Georgia, Jason R. Schultz has the experience to win your case. Contact his office today at (404) 474-0804. But first, you can read our FREE eBook to learn more about personal injury cases: The Ultimate Guide to Accident Cases in Georgia: The Truth about Your Injury Case.