I have a family member with a personal injury action resulting from a car accident. He recently died from his injuries and did not have a will. What does a family do? What happens to the claim? Who can pursue it, if anyone?
While the rules differ somewhat from state to state, since the individual claimant died without a will, you will have to have an intestacy proceeding which is where state law would step in to provide for who should administer an estate and who the beneficiary should be. The person that state law would require be appointed to administer the estate will be the person responsible for pursuing the claim which should not terminate as a result of death. You should certainly consult with a litigator to verify this, but the claim may have just grown into a wrongful death action, not merely a personal injury case.
Caution: Litigation is quite complex, especially estate litigation. Consult with a litigator and estate administration attorney in your area
Subscribe to our email list to receive information on consumer webcasts and blogs, for practical legal information in simple English, delivered to your inbox. For more professional driven information, please visit Shenkman Law to subscribe.