Legal Question in Wills and Trusts in New Jersey

Re: Can aunts estate be sued due to injury?

I agree in principle with Scott and the jurisdiction will be NJ, as that is where the injury took place and the estate is located. You do not explain how the accident happened and to what extent, if any, you may have contributed to it, which may be a defense to your claim. I concur you should contact a local personal injury attorney specializing in these matters to advise you of what your claim may be and handle it for you. Most PI attorneys take these cases on a contingency fee. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

Re: Can aunts estate be sued due to injury?

The other attorneys are correct. Find a lawyer in New Jersey who handles personal injury (I do, which is why I am responding), and talk to that lawyer. You will need to take action, and the lawyer will advise you on this.

Where is the house in which you were hurt? It would make sense to file the lawsuit in that county, or in the county where your Aunt was living at the time of her death.

Let me know if I can assist. There is never a charge for an initial phone call to find out what your rights are.

You can then decide how you would like to proceed.

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Re: Can aunts estate be sued due to injury?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You can file against the great aunt's estate although that will most likely not endear you to the family. The estate, in turn, will probably turn it over to the insurance company.

You should meet with a personal injury attorney or attorneys and discuss your potential case and the possibility of taking it on a contingency basis. If they are not interested in a contingency fee arrangment, they do not believe in teh merits of your case so you should move on to another attorney until you find one who does and you are comfortable with. See what they have to tell you and ask them any questions you may have. If you are comfortable, retain their services.

Scott R. Jay, Esq.