How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
Type Your Legal Question Here...
Tina is online now
A new question is answered every 9 seconds

Not sure if all states are the same, but plaintiff and

Customer Question

not sure if all states are the same, but plaintiff and defendant are in New York State. What happens if the plaintiff dies before a settlement. Receiving children are out of state in FL.
JA: Has anything been filed or reported?
Customer: Lots filed and close to settling another court date Def. company is dragging this out unnecessarily.
JA: Since laws vary from place to place, what state is this in? And to clarify, can you tell me what paperwork has been filed?
Customer: Depositions and medical. quizzed by the defendant's lawyer for several hours 2 years ago. AGAIN, I'm the plaintiff and the company is also here in New York City. I just had my 83rd birthday, but am in excellent health, for example breathing ability is 100%...heart is outstanding. Seems if the defendant is playing my death he may have more than 10 years to continue his fooling around.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. I'm having a hard time getting my law firm to move on this. I'm guessing 800 thousand, settle by 600 thousand. Not enough for this firm hoping for another 43 million dollar settlement received for injuries sustained by a woman who was hit by a city bus.
Submitted: 7 months ago.
Category: Legal
Expert:  Richard replied 7 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 7 months ago.

Good morning. Your death, which I pray does not occur any time soon, would not be the end of your lawsuit. Your cause of action will survive your death. The executor of your estate and your heirs will have the legal right to continue the pursuit of this cause of action after your death on behalf of your estate and heirs. Your cause of action is basically an "asset of your estate" should you die and as such, your executor and heirs have the right to pursue the collection of this asset.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!