Occasionally, the defendant or potential defendant in a Buffalo personal injury lawsuit passes away before the lawsuit is brought to a conclusion. This most commonly occurs in car accidents where the driver who caused the injury is killed in the collision.
The death of a defendant does not bar an injured party from pursuing a personal injury lawsuit, but it can complicate matters slightly. For example, to initiate a lawsuit, the suing party must serve a summons upon the defendant. If the defendant has passed away, this usually means that the representative of the defendant’s estate must be served. When the defendant has no estate, steps may need to be taken to have an estate opened for the sole purpose of defending the estate in the personal injury lawsuit.
Because of the complications involved, an experienced attorney should be consulted when proceeding against the estate of a deceased individual. Our firm has years of experience in both personal injury and estate work. If you have any questions on this topic, please feel free to call us at 716-542-5444.
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