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Deceased accident clam

Toms River, NJ |

My father was in a car accident about a year and a half ago. I know he hired a lawyer and I believe he filed a claim on the driver that caused the accident. since then my father has passed away (unrelated to the accident as far as I know at the moment- another issue altogether). I was told it can take up 2 years for those type of claims to be processed and I'd be the one to get any money from it now. Is there anyway for me to check on this? I don't know the name of the lawyer my father had. I do know the name of the person who caused the accident.

Attorney Answers 5


  1. Most importantly, sorry for your loss. Start your search by contacting the county clerk where your father resided. Is there a reason you don't have access to your fathers personal documents?

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  2. What county was it filed in?


  3. Sorry about your dad. If you tell me his name and the other driver's name, I can do a lookup, identify your lawyer, and advise you of the status of the case.


  4. It seems odd that if you were the person to get any money from the lawsuit, that you would be unaware of the lawsuit. If your father had filed a complaint, and then he passed away, the lawyer would be obligated to amend the complaint to name the executor to take over the handling of the lawsuit. This person would apparently be you. If the lawsuit has been filed, it is fairly easy for any attorney to make a search on the internet to find it, and the name of his lawyer.

    However, since the accident is only a year and half ago, the lawyer has up to two years to actually file the lawsuit, and the lawsuit might not have been filed. If it has not been filed, it would be impossible for any of us to identify the name of the attorney handling the case, but again, the attorney is still obligated to find you, advise you of the case, and discuss the case with you. (again assuming you are the one who is supposed to get the money).

    Depending on how long ago it was that your father passed away, there is a slight chance that the attorney who was representing him doesn't even know. That is unusual, but it does happen.

    Lastly, unless the injuries were severe, the value of a lawsuit and any money that is recoverable from tha lawsuit, diminishes significantly upon the death of the injured person, and further, might even make the case unwinnable. (assuming death not caused by accident).

    Each case is fact senstive, so all answers should be viewed as general advice only, and should never replace a thorough and in depth consultation with an experienced attorney. Further, an answer should not be seen as establishing an attorney-client relationship.


  5. You should make every effort possible to determine the name and address of the attorney your father hired. Do not assume everything will work smoothly or that the insurance company will take any action before a statute of limitation may run. The attorney will need to be informed of your father's death and appropriate action taken to preserve his claim. Hopefully someone in the family will be able to figure out who he hired.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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