Legal Question in Personal Injury in New York
Death of victim before suit settled
A single father and son are in a car accident. Guilt/fault is determined to rest with the driver of the other vehicle. Car flipped over, was totally wrecked, father and son suffered some injuries - cuts, possible back and neck, etc. Law firm engaged...making progress. Suddenly the driver/father dies of a brain aneurysm. My question: Is the case no longer valid? The son may still be viable for the suit but what about the father/driver? If there is still a case would the settlement determined pass to the estate, or into a trust for the minor child, or to the guardian of the minor child, or to the nearest relative of the deceased (a parent or sibling)?
Terry Luther
3 Answers from Attorneys
Re: Death of victim before suit settled
The father's case survives and can proceed once a fiduciary of his estate is appointed. If the cause of death is related to the accident the verdict can be significant.
Re: Death of victim before suit settled
The representative of the estate should be substituted for the father as the plaintiff and the executor represents the estate.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
Re: Death of victim before suit settled
Yes it "survives" the death. What happens with the father's case depends on whether his death is related to the accident.
If not, then it should pass through the estate. The minor would need to have a guardian ad litem appointed to continue.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
