Weisberg Law Blog

Personal Injury Cases where the injured party has died

These are personal injury cases where the injured party has died. There is a big difference between cases where the injury caused the death of the Plaintiff and cases where the Plaintiff has died from other causes. The two cases are handled very differently. Where a Plaintiff has died from other causes, the right to sue and collect damages becomes an asset of the estate of the dead person. Thus if he leaves a will it goes to his heirs under the will. If no will, the recovery from the injury claim goes to the deceased's heirs under Virginia law. In this case the net money recovery is subject to the debts of the deceased.

In cases where the Plaintiff has been caused to die due to the neglience of someone, the net proceeds go to the heirs of the deceased as per the scheme set out by the Virginia Death by Wrongful Act Statute. It is subject to the rules set forth in that Statute. The deceased can not "will" the proceeds to anyone. The recovery is not subject to the debts of the deceased because the recovery is the right of the heirs under the Statute.

In both situations, the law suit or claim must be brought by the administrator of the estate of the deceased. A dead person can not sue anyone. So the first thing that we do is to qualify a relative as the administrator of the estate of the dead person. That person then becomes the client that we represent. If all of this sounds complicated, well, it is. That's why you need a good, experienced lawyer to handle such matters. More on this later.

Labels: