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My father had a automobile accident and a personal injury claim open. He died last week? What happens to the claim?

Beverly Hills, CA |

In August of 2012, my father was involved in an auto accident where the other party accepted responsibility. He had some unpaid medical bills, an unpaid rental bill, and a paid for car repair bill. What happens to his claims for medical bills, the rental bill, and anything else now that he has passed? Thank you.

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Attorney answers 9


I am so sorry for your loss.


An estate has to be opened to continue. Your attorney will be able to assist you. Good luck.

You should consult an attorney in your State at once. Visit our webpage and tell us what you think.


You need to talk with a personal injury attorney ASAP. I would take Attorney Ledger’s offer of assistance.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


Sorry for your loss, an estate needs to be set up as stated. There will be an impact on the claim because of his passing. I am sorry again. Speak to an attorney in your area.

I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.


I am sorry to hear of your loss. It is not clear from this post whether your dad died from accident related injuries or from unrelated causes. If he passed from accident related injuries, this claim might be substantial. Either way, you should contact a local attorney to discuss the your rights and the rights of your father's estate to pursue claims. The estate can pursue the claims you mention as well as pain and suffering, and perhaps there is a wrongful death claim for his heirs to pursue. Again, you should contact and retain counsel to help you. Good luck.

General answers to legal questions such as this should not be construed as legal advice. I am licensed to practice actively in Delaware. Please consult with an attorney in your state in person to obtain legal advice.


I am so sorry to hear about your loss. This must be a very difficult time for you. There are 2 possible scenarios. 1) if his passing was unrelated to the accident, his estate should step in for his claims; 2) if his passing was accident related, his heirs (ie wife, children) could have a wrongful death claim.

I'd be more than happy to further discuss this with you if you like. I can be reached at 1.800.405.1070 ext. 1 or 877.722.8074 ext. 1.

Wish you all the best.

This information is not, nor is it intended to be, legal advice, nor the formation of an attorney-client relationship.


As others have said, sorry to read about your loss. CA has a different rule for wrongful death. If a person dies while their personal injury case is pending, the right to a recovery for pain and suffering is lost. However, there is a right to be reimbursed for some expenses. In your situation, it is important to know if your father’s death is due to injuries he sustained in the accident. If that is the case, then the heirs, as defined by law, have their own right to bring a wrongful death claim. (A wrongful death action is a purely statutory right. ) If you have any questions, you need to consult with an attorney promptly.


I am very sorry to hear of your loss. You should contact an attorney as soon as possible, we would be happy to help you with a no cost consultation. If your father's passing is related to the accident, a wrongful death action may be appropriate. Any claims related to the accident still survive and can proceed by the estate. Wish you the best...


I am sorry to hear about your loss. Of course, an estate must be created but the lawyer will do that for you. Be careful about talking to just anyone...there are plenty of sharks advertising out there that never step foot in a foot room!. I fact, many responses you see are just to refer you to another office. I work my own cases myself and you can talk to me...personally, not just the paralegal. Please calls for a free consult 949 263 1057
Art Hausmann

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