Legal Question in Personal Injury in New York

I live in NY. My sister had a personal injury lawsuit going on but she passed away. Can I continue to pursue on her behalf Nd how long do I have before I am unable to do so?

Asked on 8/28/18, 7:28 pm

2 Answers from Attorneys

Michael Krigsfeld William Schwitzer & Associates, P.C.

Not sure if you can continue but someone in her family CAN. An administrator needs to be appointed for her estate to continue the suit. Did she have an attorney who was already handling her case? I'd be happy to discuss your sister's situation and see what steps can and should be taken in order for her case to proceed without interruption. Please give me a call at 347 702 4133 for an absolutely free consultation.

Yours truly,

Michael Krigsfeld, Esq.

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Answered on 8/28/18, 7:33 pm

If she is survived by her current husband, he can pursue it. If she is survived by any children over the age of 18, they can pursue it. Otherwise, if she died without a will naming an executor, then you will have to apply to surrogate court to be appointed administrator of her estate, if no objection from any other interested parties, inclusive of her parents or her other siblings. It is a very involved process and you had better make sure her case is significant to warrant all the leg work. You should also seek out the help of her poor attorney who is left in the lurch with a deceased client.

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Answered on 8/28/18, 7:48 pm

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