Legal Question in Personal Injury in Illinois
Landlord dies and pending lawsuit for falling down stairs, without no hand rail at his owned property rental.
What is my next move?After his death.
2 Answers from Attorneys
Hopefully he had insurance.
Next move is to provide proof of liability, proof of your injuries and damages and to make a settlement demand.
A lawsuit is likely necessary.
If so, you will need testimony of witnesses other that yourself because of the Dead Man's Act which prohibits a party to a lawsuit from testifying against a deceased party.
Scott Blumenshine
Blumenshine Law Group
155 N. Michigan Avenue
Suite, 400
Chicago, IL 60601
312-766-1000
It is not clear whether this was a matter already pursued at the time the landlord passed or one that you would like to initiate now. In any event, you should address your questions to counsel, if you have representation, or you should retain counsel. Much like most any legal matter, this is not going to be a simple, do-it-yourself case. The estate will now be the party in interest and you want to be careful so that you do not miss deadlines, lose a chance at insurance coverage applying, see the estate distributed, ... You should be able to speak with an Illinois attorney by phone to consider this in more detail and line up representation.
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