Jan 7, 2022
It’s an unfortunate situation all around. A defendant commits a wrongful act, causing injury, death or property damage to the plaintiff, and then the defendant dies before or during the suit to recover damages. Though this situation can prove to be frustrating, the claim lives on even if the tortfeasor does not.
On this week’s installment, Rebecca and Steve discuss options that the plaintiff has in filing suit against a deceased tortfeasor, and how to handle the legal proceedings if the defendant dies mid-suit. Steps and state requirements are discussed which allow one to bring suit against the estate, family member or another involved party to recover damages owed. Learn how to confirm that the tortfeasor is deceased, how to locate an estate, and how and whether to file a claim in the estate.