Legal Question in Personal Injury in Florida

Personal Injury Question

My mother was in a car accident two years ago. She has sinced passed away (not as a result of the accident). We recently received notice from my mother's insurance company that there could be a pending lawsuit for damages. The estate has been long settled. What happens? Are her children responsible?


Asked on 1/06/09, 2:40 pm

4 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Personal Injury Question

I assume you are referring to a potential excess claim. Her estate would be responsible and (while doubtful) the assets thereof traced to the beneficiaries. The estate may want to retain its private attorney to monitor the insurance carrier and lawsuit, which is something I do frequently.

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Answered on 1/06/09, 2:48 pm
David Slater David P. Slater, Esq.

Re: Personal Injury Question

I assume you are referring to a potential excess claim. Her estate would be responsible and (while doubtful) the assets thereof traced to the beneficiaries. The estate may want to retain its private attorney to monitor the insurance carrier and lawsuit, which is something I do frequently.

Read more
Answered on 1/06/09, 2:49 pm
David Slater David P. Slater, Esq.

Re: Personal Injury Question

I assume you are referring to a potential excess claim. Her estate would be responsible and (while doubtful) the assets thereof traced to the beneficiaries. The estate may want to retain its private attorney to monitor the insurance carrier and lawsuit, which is something I do frequently.

Read more
Answered on 1/06/09, 2:49 pm
Michael Tobin Michael M. Tobin, P.A.

Re: Personal Injury Question

You should check with the insurance company if a lawsuit was actually filed as there is a two year statute of limitations after her death. There should be no liability on children unless they were owners of the car at the time of accident.

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Answered on 1/06/09, 2:51 pm


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