Legal Question in Personal Injury in California

Re: person caused accident dies before court date

Potentially you can. Did you file a timely lawsuit?

However, you need to be very aware that making a claim against her estate will require quick action once it is probated.

Re: person caused accident dies before court date

Assuming the case is filed, it should be amended to replace the personal representative of her estate as the defendant. If it hasn't been filed, the statute of limitations has probably passed.

Re: person caused accident dies before court date

You may have a cause of action against the woman's estate. Unfortunately, your question only provides that the wife died 2 1/2 years later. You do not provide when the accident occurred or exactly when woman died. These components are key to accurately answer your question. Notwithstanding, feel free to call my office for a free consultation and then we will have the opportunity to review all the timelines.

My phone number is 818.943.0462.

Re: person caused accident dies before court date

If you haven't already filed a lawsuit against her, it is too late. IF you already have a timely filed lawsuit, it can be pursued against her estate, that is not unusual. Your attorney should be answering these questions, but if you don't have an attorney, you are going to need one -- and quick. Contact me if seriously interested in doing this right, to discuss the facts and value potential of your case.