Certain types of personal injury causing accidents, particularly motor vehicle accidents, may result not just in injury to the plaintiff, but also injury to the person who caused the accident. When a Buffalo personal injury accident actually results in the death of the party that caused the injury, it is still possible to pursue damages for the injury. In some cases, however, it can become slightly more complicated.
Generally, when a defendant is deceased, the injured party may pursue damages from the estate of that defendant. In cases where arrangements have been made by the defendant or the defendant’s family to set up an estate for the distribution of the defendant’s assets, this is a relatively simple matter. The administrator of the estate would stand in the place of the deceased defendant for purposes of being served with papers and other legal matters. The personal injury lawsuit would otherwise proceed normally.
Where there is no estate, the matter can become slightly more difficult. If the only asset of the estate is the insurance policy that would cover the injured person’s claim for damages, the injured person may be in the position of having to obtain legal representation to make arrangements for the estate to be set up. An administrator would have to be appointed to this estate for the sole purpose of accepting service of the papers initiating the lawsuit. These would then be passed on to the insurance company’s chosen attorneys who would actually defend against the personal injury claim.
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