What Happens to my Case if the Defendant Dies Before Judgement, or Settlement of my Case?

What happens when the defendant in your case dies before you reach settlement or judgment?


David H. Ricks provides legal services in the following personal injury practice areas: Car, Truck, Motorcycle, Pedestrian, and Cyclist Accident Cases
*Slip and Fall Accidents and Premises Liability Cases
*Dog Bite and Animal Attack Cases
*Medical Malpractice and Surgical Error Cases
*Wrongful Death Cases

8600 Utica Ave., Suite 200
Rancho Cucamonga, CA 91730
TELEPHONE: (909) 481-0100

Welcome, I am David Ricks. I am a personal injury trial lawyer in Rancho Cucamonga and the principal of the Inland Empire Law Group. Sometimes during a case, a defendant in the case may die. And what happens? Well fortunately, if the person has insurance, it is not going to make a significant outcome of your case. Because the insurance company will pay the settlement or the your claim or will be there to provide payment for a judgment that you may receive up to the policy limits. Now there are situations that if someone dies that you may need to pursue the estate of the individual. And in that situation that means that there is a claim that exceeds the policy limits available from insurance that the person that died had. If that is the case the one has to present a claim to an estate to make sure that they preserve their rights against that estate for the collection of funds once a judgment or settlement is reached. Can you pursue a claim once the defendant has died? Absolutely. And you need to have a good personal injury attorney that can help you identify how to do that. I invite anyone who is watching this to contact the Inland Empire Law Group and find out what their rights are in a personal injury or wrongful death case.
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What will the defendant argue against me in my accident case? | Stroud Law Firm | Injury Law | Large firm results, small firm dedication | (662) 536-5656 | Toll Free: (855) 536-5656 | http://stroudlawyers.com/ | 5779 Getwell Road, Building C1, Southaven, Mississippi 38672

If this is a car accident case, the defenses we’re typically seeing and the arguments being made against our clients, are that the injuries they sustained were preexisting. In essence, they had these problems beforehand, therefore the accident must not have been the cause for their pain.

Second thing that we typically see is when there is low impact or low damage to a vehicle, the person could not have been hurt if the damage was not extensive. Another thing we see is that after medical treatment is rendered to our client at the ER or hospital, and they do diagnostic tests, if an x-ray, for instance, comes back negative or showing no broken bones, that must mean the client did not suffer any soft tissue or muscle damage. That is not the case.

It’s important before you begin to talk to an insurance company or before you attempt to settle your claim with them, that you speak to someone who is familiar with handling these types of defenses.

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