Legal Question in Personal Injury in Illinois

Landlord dies and pending lawsuit for falling down stairs, without no hand rail at his owned property rental.

What is my next move?After his death.


Asked on 8/13/18, 9:42 am

2 Answers from Attorneys

Scott A. Blumenshine Blumenshine Law Group

Hopefully he had insurance.

Next move is to provide proof of liability, proof of your injuries and damages and to make a settlement demand.

A lawsuit is likely necessary.

If so, you will need testimony of witnesses other that yourself because of the Dead Man's Act which prohibits a party to a lawsuit from testifying against a deceased party.

Scott Blumenshine

Blumenshine Law Group

155 N. Michigan Avenue

Suite, 400

Chicago, IL 60601

312-766-1000

sblumenshine@blg-legal.com

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Answered on 8/13/18, 10:13 am
Henry Repay Law Offices of Henry Repay

It is not clear whether this was a matter already pursued at the time the landlord passed or one that you would like to initiate now. In any event, you should address your questions to counsel, if you have representation, or you should retain counsel. Much like most any legal matter, this is not going to be a simple, do-it-yourself case. The estate will now be the party in interest and you want to be careful so that you do not miss deadlines, lose a chance at insurance coverage applying, see the estate distributed, ... You should be able to speak with an Illinois attorney by phone to consider this in more detail and line up representation.

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Answered on 8/13/18, 12:12 pm


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