Legal Question in Personal Injury in Alabama
lawsuit
My single brother was recently deceased and I am the only surviving heir. He was the plaintiff in a personal injury lawsuit. Does the lawsuit die at his death, or can I, as his sister, collect damages for his estate?
Thank you.
2 Answers from Attorneys
Re: lawsuit
I am sorry to hear about your brother's passing.
Depends. If he died as a result of the accident I would think so. Because he already has an attorney working on the personal injury case IMMEDIATELY CONTACT THAT LAW FIRM and simply ask them. They have probably already invested money in the case and will pursue it if they believe they can win.
To CONTINUE the case you might have to PROBATE HIS ESTATE (which would consist of his property). If he was married then the wife has the personal injury case claim. If there are other siblings then you share in the case equally.
Re: lawsuit
If your brother's death is not a result of the accident, you can still pursue the claim, however it may be difficult to recover - especially if his deposition had yet to be taken. You may find it difficult to prove fault and damages without your brother's testimony.
Call the law firm that was handling the case and talk to them about it.
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