my daughter was in a car accident prior to her death a month later, she was in the middle of a settlement from the car accident prior to her death. My question is can we still settle even though she died prior to a complete settlement.
Someone asked what state we lived in, and that is Texas. also her death had nothing to do with the car accident, she died of a massive asthma attack.
Answer by PIXIE
it depends on a few things.was she in your care,under 18 and did you have a power of attorney over her estate.was she married,did she have any children etc.better get a lawyer.
Answer by shoshidad
If she had an attorney representing her in the prior accident, ask him/her.
You don't say which state the case is in, and to some extent the law varies from state to state. In California, the claim for damages for pain and suffering is extinguished but the claims for out of pocket expenses continue. It is somewhat an open question whether a claim for future loss income is or is not ended due to the before settlement death, although it probably is, unless the death is in some way connected to the accident.
Answer by Katlady
I'm so sorry to hear that. I am not really sure, but my guess would be yes, her estate (you basically) should be able to still collect it, and it sounds like that since she was so seriously injured, you may have even greater recourse than the original settlement (unless she signed papers agreeing to a certain amount, that could limit it). I would contact a personal injury attorney, the initial consultation should be free. Good luck.
Answer by evilattorney
Her estate takes her place and her executor/administrator represents the estate.
What do you think? Answer below!
Orignal From: what happens if someone dies before a prior accident claim was settled?
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