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My father passed away while waiting for a settlement, is there a way to look up this settlement and take action on it now?

Cambria, CA |

My father injured himself on a job and fought for a settlement for multiple years. He finally won and shortly later passed away before receiving payment. My grandparents spoke to a lawyer who told them he was not alive long enough to receive the settlement, so nobody will receive payment. Is this right? Is there a way to look up the settlement and take action?

Attorney Answers 9

  1. A personal injury claim survives a persons death. And if the claim was already settled then the monies should go to the estate. If the claim wasn't already settled then you could pursue a claim for the pi claim for the estate. Contact a local attorney.


  2. You need to consult with a workers compensation attorney. There may be a way to get the settlement proceeds for his survivors.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.

  3. I agree that you should immediately seek the advice of a worker's compensation attorney. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

  4. If the claim had gotten to the point of MMI and there was an impairment rating given in some states there would be money owed for that even if the person passes away. Please talk to a calif WC atty

  5. Email me. I don't know if you know enough to let me help you, but I will try. I will need his Name, Zip Code, the date of death, and the date of his alleged settlement. I think I can sort it out with that.

    We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

  6. I agree with the other attorneys responses.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

  7. Luckily, Corson has offered to help. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755

  8. Talk to the atty who was representing your father in the work comp claim. He has every incentive to try to collect so he can get paid.

  9. Let's find out what the terms of the settlement. You should have documentation of the identity of the insurance carrier and adjuster, the employer, and any workers compensation case. You might need help doing this.

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