i had a car accident in new york two years ago, i went to the hospital and was released the same night. i have lower back problems and i had knee surgery, i did file a lawsuit however the man that hit me died a few months later. what will happen with my case?
Wolf Harper
Favorite Answer
When the man died, he left an "estate". That's basically the collection of his possessions and assets. Somewhere there should be a person in charge of managing the estate - executing his will, figuring out where the assets should go to.
Now if you have sued a person, and he dies, and you win -- who owes you the money?
Firstly, the man's insurance company at the time of the tort (injury in your case). That will be true "forever". Second, the man's estate. However the estate will be at some point divided among the heirs. Once that happens, chasing the estate money will be harder. So if it's an insurance thing, keep chasing the insurance. If it's not, move fast to assert your judgment against the estate. Your judgment has priority.
Lillian
Sorry, but nobody can really tell what the circumstances are from a post like this. It could be that the case will be abandoned. Did the man have family, was there someone in the car with him, with you etc...
I wish you the best of luck though.
?
hmmmmmm. wonder if you could sue the estate of ___________? Might be possible. I would ask your attorney.
Anonymous
What does your attorney say?