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My brother, now deceased, slipped and fell in water at McDonald's and broke his leg. Wet

warning signs were not in place. A not very good lawyer filed lawsuit to no avail. I have until May 12, 2009 to re-file. Should I persue the case?

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Joseph

First let me say that I am sorry for your loss. I am not licensed in TN so i can't provide any spefic response to your question. Generally, you can still persue a claim if the plaintiff dies, however, the only losses that will be recoverable would be those for economic damages. That is medical bills, loss of wages, etc.

From your question, I am assuing that the fractured leg was not a contributing factor to the cause of death. If it is then there will most likely be additional avenues of recovery.

I would suggest that you speak with competent local counsel who can answer your specific questions.

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