Thank you for your question. Please permit me to assist you with your concerns.I am genuinely sorry to hear that you and your child were injured and I hope that you were able to recover. Do you still have your attorney who will represent you, or will you represent yourself? Do you know if the deceased left behind an estate? I am not sure you need a probate attorney, your personal injury attorney can simply file against the estate of the deceased and add the insurance company as a co-defendant. Generally the state where the accident took place is considered the main and primary jurisdiction for this claim although you can file suit directly in the state where the deceased and his estate exists. You would only need a probate attorney if they never opened probate when he passed away, as you would then need to petition the local courts to open the estate so you could file suit against them. Just please be aware that if he passed and they listed his passing, there is generally a 6 month statute of limitations on filing against the estate for the debt. I am just concerned that you may well be beyond the statutory period if he passed away for longer and they timely opened probate.Good luck.
My attorney will not be assisting me. I believe that maybe he was paid off by the insurance company. Why won't the insurance company compensate since they acknowledged and assumed responsibility for the accident? And how can I continually hold them liable? The deceased did not have an estate open which is why I am looking into it.
Thank you for your follow-up, Deidre. I appreciate the additional details.What I may suspect could be the reason for why the insurance company is refusing to move forward could be a situation based on these two factors. First, if the accident occurred in Alabama, the state has a 2 year statute of limitations from the date the injury occurred. If you are beyond those two years and did not file in a timely manner, then you may be unable to pursue this case further. The second option may be a bit of modification of the first, there is no estate and no client, the estate was not properly opened and since they do not represent the estate, the insurance company has no duty to extend coverage to it. Furthermore, as their client passed away with their obligations not assigned to anyone, they are no longer required to provide such coverage. These are guesses on my part as I do not know the situation, but that may be the underlying concern.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).