Legal Question in Personal Injury in Pennsylvania

Re: Death of Plaintiff

I am very sorry to hear of your loss.

You should be using an attorney to assist you in this matter. Is there a reason that an attorney wasn't used from the beginning? This sounds like a serious case with a lot of potential legal issues that must be better understood by you before proceeding. If you e-mail me your telephone number, I will be happy to call and see if our office can assist you at all. We handle cases in southeastern Pennsylvania mostly, although at times we have handled cases in Pittsburgh, Harrisburg, State College, etc. But if you give me your telephone number, I will be happy to see if I can help.

Good luck!

Re: Death of Plaintiff

First off, you posted in the third person, with no clue as to how you are related to this matter. I'm sorry if my tone in this message offends, but your question set me off a little bit.

The plaintiff made a TERRIBLE mistake in trying to handle this claim by himself. Can defense lawyers "take advantage" of pro se plaintiffs? OF COURSE THEY CAN. It's not "pulling tricks." Defense counsel have a large set of defense tactics to try to prevent plaintiffs from proving their claims, both as to liability and damages. They use these tactics against lawyers like me who represent plaintiffs; why would you expect them to hold back when a plaintiff is unrepresented?

IT TAKES SKILLED, EXPERIENCED REPRESENTATION TO OBTAIN MAXIMUM, FAIR COMPENSATION IN A PERSONAL INJURY CASE. Courts will only go so far in accomodating pro se parties. At some point, a violation of court rules or failure to meet the rules requirements may ruin the claim. Pro se plaintiffs assume the risk that their ignorance of court rules and the law will destroy their case. That's a VERY significant risk. Especially in a difficult liability case with big damage potential. A car striking a pedestrian is always a difficult case. Often there are no witnesses except the parties, and now the defendant may be the only live testimony.

For attorneys, modifying a case when a plaintiff dies is a routine matter. But the guardian ad litem no longer has any standing to be the plaintiff. They need to have an adminstrator appointed for the estate of the deceased plaintiff. Again, elementary to any lawyer.

NO LAWYER IS GOING TO HELP YOU OR THE DAUGHTERS continue this foolish attempt at DIY. I'm offended that you ask for all the options and references. Get a lawyer. I hope that it's not too late.