In certain Buffalo personal injury accidents, someone’s negligence can result not only in injury to others, but also in injury to the negligent person.
This is most common in motor vehicle accidents where the negligent driver is injured or even killed.
The fact that the negligent person has died does not bar an injured person from bringing a personal injury claim, although it can make bringing such a claim more complicated.
Most personal injury cases involve making a claim with the negligent person’s insurance carrier.
Even when a defendant is deceased, it is still possible for a personal injury lawyer to attempt to settle the personal injury claim with the deceased person’s insurance company.
This is largely handled in the same manner as any other personal injury claim.
If the claim cannot be settled through negotiations with the insurer and the case needs to be sued, however, the matter may become more complicated than a typical personal injury case.
If there is already an estate set up to oversee the defendant’s assets, the administrator of the estate takes the place of the deceased for purposes of legal matters, and the personal injury lawsuit otherwise proceeds normally.
The matter becomes slightly more involved if there is no estate and, therefore, no one to legally take the place of the deceased defendant.
Under such circumstances, the injured person may have to take steps to have an estate set up for the defendant and an administrator appointed so that there is someone to serve legal papers upon.
While it may seem unusual that the law would require someone to set up an estate solely for the purpose of suing it, in some cases this is the only manner in which the injured person may proceed with his or her personal injury case.
If you have been injured and are not sure how to proceed against the negligent party, we can help you. Call us at 716-631-9999.
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