What happens in a lawsuit when the at fault party has passed ? 4 Answers as of April 02, 2012

Severely, permanently, injured, the at fault person has passed away and she has no family. What should my next step be?

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Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Your information is a bit light, however, generally you must bring the claim for your injuries against the at fault deceased's estate. Your next step should be to hire an attorney, and quickly, for there are short periods within which a claim must be filed or you will loose your right to sue and recover. I could only give you a firm opinion following a full explanation of the entire situation. If the "at fault" was following the law then she would have had insurance on her automobile. Additionally, you may have a claim against your own policy, if you had auto insurance. Rules change depending on your relationship with the deceased.
Answer Applies to: Michigan
Replied: 4/2/2012
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
Your attorney can hire a private attorney to open up a deceased estate. The insurer will still defend the estate and pay up to its policy limits. Contact me to discuss further.
Answer Applies to: Michigan
Replied: 4/2/2012
Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
You have to open an estate for the deceased, at fault driver in the county of the deceased's residence. A personal representative (PR) is named, and you file suit against the estate. The PR then turns the lawsuit over to the deceased's insurance carrier.
Answer Applies to: Michigan
Replied: 4/2/2012
Koning & Jilek, P.C.
Koning & Jilek, P.C. | Jonathan Neal Jilek
You should contact an experienced personal injury lawyer. If you are injured you may need to file a claim against the estate of the deceased at fault driver. There is a three year statute of limitations on third party automobile cases.
Answer Applies to: Michigan
Replied: 4/2/2012
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