What Happens To My Personal Injury Case If Die?

Michael Jones • Apr 28, 2022

We all like to know that every contingency is considered and planned for. This way, if anything were to happen to us, the right outcomes would be achieved for our family and loved ones. With this in mind, how does this apply to personal injury claims? What happens to these cases if the claimant tragically dies?


Let's take a look at the protocols and procedures associated with continuing or managing a personal injury claim even after the claimant has passed away.


Related and unrelated death

As a personal injury claim generally relates to physical harm or injury against an individual, the possibility of an eventual fatality is something we unfortunately need to bear in mind. This eventual fatality can be categorized in two different ways.


1. A fatality linked directly or indirectly to the original incident or claim — for example, injuries sustained following a traffic accident that gradually become worse over time and eventually result in death. Alternatively, this may relate to a disease such as pneumonia that occurred because of the initial incident and that eventually proves fatal. 


2. A fatality that is unrelated to the original incident or claim — any cause of death not linked to the initial incident, such as illness or injury that arises from unrelated causes, or death from natural causes.


In the event of a fatality in the first category, the claim will always be continued and its scope will probably be extended. The claim is likely to be elevated from a personal injury case to a wrongful death suit, with far more severe consequences. In the case of the second category, the claim can still be continued, and family members and dependents can still be awarded damages if a death has occurred.


Claims that have not yet begun

Statutes of limitations apply to personal injury cases. For instance, if an incident of clinical negligence is believed to have taken place, you will have a three-year time limit within which to begin the claim. This can cause some anxiety for claimants, who may wonder what happens in the said event that death occurs before the claim is begun.


In most cases, there is no need to be anxious here. In the event of a death, this time limitation clock will be reset and the timer basically begins again. A representative of the claimant will have three years starting from the date of death to issue a claim form to a relevant court institution.


Continuing the compensation claim

Will your representative be able to continue to the personal injury case on your behalf, even if you have sadly passed on before the case is concluded? The answer is yes, they will. A death is a tragic event, and the courts will not penalize you or your family if this occurs. The claim can be continued, and your dependents and beneficiaries will still be able to receive support and remuneration under the terms of this claim.


Some recalculation will be required. This is because the parameters of the claim have changed. Generally, money awarded following a personal injury claim will be calculated according to financial losses and incurred as a result of the injury — for example, lost earnings due to an inability to work, or the cost of medical treatment and rehabilitation.


Many of these costs will still be covered in the claim, but you need to bear in mind what your dependents may be compensated for. For instance, they will still be able to work, so direct lost earning may not apply. However, if they would have benefited from your  lost earnings, these may be factored into the amount of damages they are awarded. 


There may be other factors to take into account here, too. Outside of your direct wages, the services and goods you may have provided will also need to be accounted for in the claim, as well as medical insurance and pension contributions that your dependents may miss out on. Finally, medical and funeral expenses may also need to be included in the claim.

Eligible parties to continue your claim

The easiest way to make sure your dependents have the legal right to continue your claim is to state this explicitly in your Will. In the event of your death, your claim can be continued, but it will pass to your estate. The executor of your estate will take the claim on, and they will be able to continue the claim on your behalf and on the behalf of your dependents.


  • Naming a specific person to continue your claim in your Will


Even if you do not name a specific person in your Will, the claim will still be able to continue. In this case, the claim will generally be handled by the executor of your Will and estate by default. If you would like a specific person to handle your claim in the event of your death, this person will need to be named in the Will to avoid any confusion or problems that may arise during the transition


  • If you do not have a Will


Without a Will in place, the process becomes a little more complex, but this will not be a barrier to continuing your claim. The claim will still be passed to your estate, but a person will need to be found to act as executor of the estate and as the claimant for the personal injury suit. It is best to name a person in your Will who can continue the claim to avoid any confusion or delays for family members or loved ones.

Gain the peace of mind you need from our team

It's certainly good to know that everything is taken care of and that your family, loved ones, and dependents will be looked after even if you were to pass away. Making the proper legal provisions is an important step toward achieving this peace of mind. Reach out to our team to find out more about protecting your personal injury claim, or about outlining all the necessary provisions in your Will.


REFERENCES

https://www.houstoninjurylawyer.com/damages-calculated-wrongful-death-case/

https://www.enablelaw.com/information/faqs/what-happens-if-i-die-before-my-claim-concludes/

30 Apr, 2024
Accidents happen, but when you suffer from a slip and fall injury due to someone else's negligence, it can be both physically and emotionally draining. In the state of Georgia, slip and fall accidents are common occurrences that can lead to serious injuries. If you have been injured in a slip and fall accident, you may be wondering when it is the right time to hire a slip and fall attorney. In this blog post, we will discuss the signs that indicate you should seek legal representation for your case. The first sign that you should hire a slip and fall attorney is if you have suffered serious injuries as a result of the accident. Slip and fall accidents can lead to broken bones, head injuries, spinal cord injuries, and more. If your injuries are severe enough to require medical treatment or time off work, it is crucial to consult with an attorney who can help you navigate the legal process and ensure you receive fair compensation for your damages. Another sign that it is time to hire a slip and fall attorney is if the property owner or insurance company is denying liability for the accident. Oftentimes, property owners will try to shift blame onto the victim in order to avoid paying compensation. A skilled attorney can investigate the circumstances surrounding your accident, gather evidence, and negotiate with insurance companies on your behalf to ensure your rights are protected. Additionally, if you are facing mounting medical bills or lost wages as a result of your slip and fall injury, it may be time to seek legal representation. A slip and fall attorney can help you recover damages for medical expenses, lost income, pain and suffering, rehabilitation costs, and more. By hiring an attorney, you can focus on your recovery while they handle the legal aspects of your case. Furthermore, if you are unsure about how to prove liability in your slip and fall case or navigate Georgia's complex legal system, hiring an experienced attorney is essential. Slip and fall cases often involve proving negligence on the part of the property owner or manager. An attorney with knowledge of Georgia's premises liability laws can assess the strength of your case, gather evidence such as surveillance footage or witness statements, and build a strong claim on your behalf. Suffering from a slip-and-fall injury can be overwhelming, but hiring a slip-and-fall attorney in Georgia can help ease some of that burden. If you have suffered serious injuries due to someone else's negligence or are facing challenges in recovering compensation for your damages, it may be time to seek legal representation. By working with Michael C. Jones & Associates, LLC who understands Georgia's premises liability laws, you can increase your chances of obtaining fair compensation for your losses. Don't wait until it's too late – contact us today to protect your rights and secure the justice you deserve after a slip-and-fall accident in Georgia.
28 Mar, 2024
How to Recover Compensation for Damages Suffered During a Truck Accident in Georgia
By Karina Alvarez 23 Feb, 2024
Slip-and-fall accidents can happen to anyone at any time, and they can result in serious injuries that may require medical treatment and time off work. If you have been injured in a slip-and-fall accident on someone else's property in Georgia, you may be wondering how you can prove liability and hold the property owner accountable. In this blog post, we will discuss how to prove liability in a slip-and-fall case, how to establish duty of care, and how an attorney can help you navigate the legal process.  Proving liability in a slip-and-fall case requires showing that the property owner was negligent and failed to maintain safe conditions on their premises. To do this, you will need to demonstrate that there was a dangerous condition present on the property, such as a slippery floor or uneven surface, that the property owner knew or should have known about the condition, and that they failed to take reasonable steps to address it. Evidence such as photographs of the scene, witness statements, and maintenance records can help support your claim. In order to prove duty of care, you must show that the property owner had a legal responsibility to keep their premises safe for visitors. In Georgia, property owners owe different duties of care depending on the status of the visitor (invitee, licensee, or trespasser). Invitees are owed the highest duty of care and are entitled to protection against both known and unknown dangers on the property. By establishing your status as an invitee or licensee at the time of the accident, you can strengthen your case for negligence. An experienced attorney can be invaluable in helping you navigate the complexities of a slip-and-fall case in Georgia. A knowledgeable lawyer will understand state laws regarding premises liability and know how to gather evidence to support your claim. They can also negotiate with insurance companies on your behalf and represent you in court if necessary. By enlisting the help of an attorney who specializes in personal injury cases, you can increase your chances of obtaining fair compensation for your injuries. In addition to proving liability and duty of care, it is important to document your injuries and medical treatment following a slip-and-fall accident. Seek medical attention immediately after the incident, even if your injuries seem minor at first. Keep detailed records of all doctor visits, tests performed, medications prescribed, and any physical therapy or rehabilitation sessions attended. This documentation will be crucial in establishing the extent of your injuries and calculating damages for pain and suffering. In conclusion, proving liability in a slip-and-fall case requires demonstrating negligence on behalf of the property owner by showing that they failed to maintain safe conditions on their premises. Establishing duty of care involves proving that the property owner had a legal responsibility to keep their premises safe for visitors based on their status. An attorney specializing in personal injury cases can assist you throughout every step of your slip-and-fall case by providing guidance, collecting evidence, negotiating with insurance companies, and representing you in court if necessary. By taking these steps and documenting your injuries, you can increase your chances of obtaining fair compensation for your injuries sustained during a slip-and-fall accident in Georgia.
30 Jan, 2024
Riding a motorcycle can be exhilarating, allowing you to experience the freedom of the open road like no other mode of transportation. However, it's crucial to recognize that motorcycling comes with inherent risks. Motorcyclists are more vulnerable on the road, and unfortunately, accidents can and do happen. In this blog post, we'll explore the most common cause of motorcycle accidents and how an attorney can assist you in Georgia.  The Most Common Cause of Motorcycle Accidents When it comes to motorcycle accidents, one cause stands out as the most prevalent: negligence. Negligence can take various forms on the road, and it can lead to life-altering consequences for motorcyclists. Here are some common scenarios where negligence often plays a role: Distracted Driving: Drivers who are distracted by their phones, passengers, or other activities often fail to notice motorcycles in their vicinity. This lack of attention can result in devastating accidents. Failure to Yield: Motorcycles have the same rights and privileges as any other vehicle on the road. However, some drivers fail to yield to motorcycles at intersections or when changing lanes, causing serious accidents. Speeding: Excessive speed reduces a driver's ability to react to sudden changes in traffic conditions. Speeding can greatly increase the severity of motorcycle accidents. Drunk Driving: Operating a vehicle under the influence of alcohol or drugs is not only illegal but also extremely dangerous. Impaired drivers are less likely to notice motorcycles and are more likely to cause accidents. Lane Splitting: Lane splitting refers to the act of riding between lanes of slow-moving or stopped traffic. While lane splitting can be legal in some states, it requires caution and proper judgment. When done recklessly, it can lead to accidents. It's important to note that these are just a few examples of negligence that can contribute to motorcycle accidents. Each accident is unique, and determining fault requires a thorough investigation. How Can an Attorney Help Me in Georgia? If you've been involved in a motorcycle accident in Georgia, seeking legal counsel is essential. An experienced motorcycle accident attorney can provide guidance and support throughout the legal process. Here's how an attorney can assist you: Investigation: An attorney will conduct a detailed investigation into the accident, gathering evidence and determining liability. They will analyze police reports, interview witnesses, and consult with accident reconstruction experts. Legal Representation: An attorney will act as your advocate, representing your best interests in negotiations with insurance companies and, if necessary, in court. They will fight for fair compensation for your injuries, property damage, lost wages, and pain and suffering. Navigating the Legal System: Dealing with the legal system can be complex and overwhelming, especially when you're recovering from injuries. An attorney will handle all the legal aspects of your case, ensuring that deadlines are met, paperwork is filed correctly, and your rights are protected. Settlement Negotiation: Insurance companies often try to settle for less than what you deserve. An attorney will negotiate on your behalf to pursue a fair settlement that fully compensates you for your losses. Trial Representation: If a fair settlement cannot be reached, an attorney will be prepared to take your case to trial. They will present a compelling argument and advocate for your rights in court. Seek Legal Counsel for Your Unique Case It's important to remember that every motorcycle accident case is unique, and the specific circumstances surrounding your accident will determine the best course of action. This blog post provides general information on the common causes of motorcycle accidents and the ways in which an attorney can help you. However, it's crucial to consult with an attorney to discuss the specifics of your case and receive personalized legal advice. In Georgia, the statute of limitations restricts the time you have to file a personal injury claim. Therefore, it's essential to seek legal counsel as soon as possible after an accident. Motorcycle accidents can have devastating consequences, and they often occur due to negligence on the part of other drivers. If you've been involved in a motorcycle accident in Georgia, it's important to understand your rights and options. Seeking the assistance of a skilled motorcycle accident attorney can make a significant difference in the outcome of your case. Remember, negligence is the most common cause of motorcycle accidents, and an attorney can help you navigate the legal system, advocate for your rights, and pursue the compensation you deserve. Don't hesitate to reach out for legal counsel—your physical, emotional, and financial well-being may depend on it.
21 Dec, 2023
Truck accidents are on the rise in Georgia, and they can be very traumatic experiences that result in severe injuries and damages. If you have been involved in a truck accident in Georgia, you are entitled to compensation for the damages you've incurred. However, recovering this compensation can be a complex and challenging process. That's why it's crucial to understand what documents are necessary to calculate the compensation and how an attorney can help you through the process.  1. Evidence of Damages Compensation for damages sustained in a truck accident in Georgia can include medical expenses, lost wages, property damage, and pain and suffering. To calculate the compensation for these damages, you will need to present evidence such as medical bills, repair estimates, and proof of lost wages. It's important to gather all the evidence related to the damages you suffered to receive fair compensation for your losses. 2. Police Report One of the essential documents that you should provide to your attorney is the police report. The report contains valuable information about the accident, such as the names of witnesses, the parties involved, and a preliminary assessment of fault. The police report can help your attorney build a powerful case on your behalf. 3. Insurance Policy Your insurance policy is another critical document you'll need to calculate the compensation for the damages you've incurred. The policy includes information about the coverage limits and exclusions and helps your attorney determine the maximum amount of compensation you can receive. The insurance policy may also affect your claim if you were partially at fault for the accident. 4. Medical Records Medical records are essential documents that you'll need to calculate the medical expenses resulting from the truck accident. The medical records include all the diagnoses, prescribed treatments, surgeries, and the costs associated with them. Your attorney may also ask for a medical report from your healthcare provider to establish the severity of your injuries and future complications. 5. How an Attorney Can Help Finally, it's essential to understand how an attorney can assist you if you were involved in a truck accident in Georgia. An attorney can help you gather the necessary evidence, calculate the compensation for your damages, and handle the negotiations with insurance companies and other involved parties. The attorney can also provide you with legal advice, protect your rights, and represent your interests in court if necessary. Recovering compensation for damages sustained in a truck accident in Georgia can be a complicated and challenging process. To calculate the compensation, you'll need to provide important documents such as evidence of damages, the police report, insurance policy, and medical records. An experienced attorney can help you navigate the process and ensure that you receive fair compensation for your losses. If you've been involved in a truck accident in Georgia, seek legal assistance as soon as possible to protect your rights and recover the compensation you deserve.
08 Nov, 2023
What to Do After a Motorcycle Accident in Atlanta
31 Oct, 2023
Car accidents are a common occurrence on Georgia roads. While some result in minor injuries, others can be fatal. The aftermath of a fatal car accident can be devastating for those involved, especially for the driver responsible. Georgia laws prescribe serious consequences for those who cause fatal car accidents. If you are involved in such a situation, you may be wondering if going to jail is one of them. In this blog post, we will explore the consequences of being involved in a fatal car accident in Georgia. 1. Vehicular Homicide A driver that kills another person while driving under the influence, driving recklessly or committing any other traffic offenses can be charged with vehicular homicide, also known as vehicular manslaughter. The penalty for vehicular homicide in Georgia ranges from three to fifteen years in jail. 2. Hit-and-Run Accident Leaving the scene of an accident without fulfilling certain legal obligations is considered a hit-and-run accident. If a driver flees the scene after causing a fatal car accident, they can face serious charges, including vehicular homicide if it is proven they were at fault. Hit-and-Run accidents are punished severely in Georgia, with serious penalties including jail time of at least one year, fines, and revocation of driving privileges. 3. Negligent Driving and Reckless Driving Negligent and reckless driving are also serious traffic violations in the state of Georgia. If a driver is found to have been negligent or reckless while driving and the accident resulted in someone’s death, the driver can be charged with vehicular homicide, and hit-and-run if they leave the scene. The punishment for these violations ranges from fines to imprisonment, depending on the severity of the crime. 4. DUI and Intoxication Driving under the influence of drugs or alcohol can result in extremely disastrous consequences. If an inebriated driver causes a fatal car accident, they will be charged with vehicular homicide, and if they flee the scene, they will be charged with hit-and-run. The penalty for DUI in Georgia is severe, with drivers facing up to 15 years in jail, and the revocation of their driving privileges. 5. Civil Liability Apart from criminal charges, the driver can also be held liable civilly. Even if a criminal charge isn't brought against the driver, they may still be ordered to pay compensation for the victim's wrongful death which can include medical bills, lost wages, and other non-economic damages such as emotional suffering caused by their negligence, recklessness or carelessness. The consequences of being involved in a fatal car accident in Georgia are severe, including imprisonment, hefty fines, and revocation of driving privileges. Therefore Georgia residents should exercise due care and follow traffic rules to keep themselves and others safe on the road. It is always better to think twice and drive safely than to be faced with such serious consequences down the road. Remember, a moment of carelessness can change your life forever!
By Michael Jones 30 Sep, 2023
Accidents happen every day, and sometimes they are the result of negligence or carelessness by property owners. A slip-and-fall accident is a common type of injury in Georgia, especially during the rainy season, where slippery floors and pavements can cause you to fall and sustain injuries. If you have been injured in a slip-and-fall accident, you may be entitled to compensation for various expenses and damages. In this article, we will discuss the compensation you can receive after a slip-and-fall accident in Georgia and how a personal injury attorney can help you navigate the legal process. 1. Medical Expenses After a slip-and-fall accident, your medical bills can quickly pile up, especially if you require hospitalization or expensive medical procedures. Georgia law allows you to seek compensation for all medical expenses incurred as a result of the accident, including doctor visits, medications, surgeries, and rehabilitation. It is crucial to keep all medical receipts and records, as they will be used as evidence to support your claim. 2. Loss of Income If your injuries prevent you from working, you may be entitled to compensation for the wages you have lost. This includes both current and future income. An attorney can help you determine the amount of compensation you are entitled to and negotiate with the insurance company to ensure you receive fair compensation. 3. Loss of Future Earnings If your injuries prevent you from returning to work permanently or reduce your earning potential, you may be entitled to compensation for loss of future earnings. It is essential to calculate this carefully, taking into account inflation, promotions, and other factors that affect your earning potential. 4. Pain and Suffering In Georgia, you are entitled to compensation for the pain and suffering caused by your injuries. This type of compensation is not easy to calculate, as it depends on various subjective factors such as the severity of your injuries, how long you will suffer, and the impact your injuries will have on your daily life. An experienced personal injury attorney can help you determine the appropriate compensation you deserve for your pain and suffering. 5. Loss of Employment If your injuries prevent you from returning to work and result in loss of employment, you may be entitled to compensation for your loss. This includes severance pay, unemployment benefits, and other compensation that would have been available to you if you had not been injured. Your attorney can help you determine the amount of compensation you are entitled to and negotiate with the insurance company to ensure you receive fair compensation. How can an attorney help me? A personal injury attorney can help you in various ways after a slip-and-fall accident. They can help you gather evidence, negotiate with the insurance company, and represent you in court if necessary. An attorney can also help you determine the full extent of your damages and ensure that you receive the maximum compensation you are entitled to under Georgia law. A slip-and-fall accident can be a traumatic experience that can lead to significant financial losses, especially if you are unable to work due to injuries sustained in the accident. However, if you are injured in a slip-and-fall accident in Georgia, you do not have to suffer alone. With the help of an experienced personal injury attorney, you can receive compensation for your injuries, medical bills, lost income, and pain and suffering. Contact a personal injury attorney today to help you navigate the complex legal process and get the compensation you deserve.
By Michael Jones 31 Aug, 2023
Being injured in an accident can be a traumatic experience that can affect different aspects of your life. If the accident was caused by someone else's negligence, you have the legal right to pursue compensation for damages suffered. However, many people wonder how compensation is calculated in a personal injury case. If you are a Georgia resident who has been injured, this blog post will help you understand how compensation is determined in a personal injury case.  1. Medical Expenses Medical expenses are one of the most important factors in determining a settlement for a personal injury claim. Medical expenses include things like hospital bills, doctor visits, surgery, rehabilitation, medication, and therapy. These expenses can be substantial, depending on the severity of your injuries and the length of your recovery time. All of these expenses can be included in your claim and may be factored into the compensation award. 2. Lost Wages If you have missed work due to your injuries, you may be eligible to receive compensation for lost wages. This can include any salary, bonuses, or overtime that you would have earned if you had not been injured. It may also include future loss of income if you are unable to return to work due to your injuries. 3. Pain and Suffering Pain and suffering are often less tangible than other damages, but they can be just as significant. Pain and suffering encompass the emotional and physical distress, anxiety, and inconvenience resulting from your injuries. Factors such as the duration of your pain, the severity of your injuries, and the impact on your personal life can all be considered in the calculation of pain and suffering compensation. 4. Property Damage If your personal property was damaged in the accident, you may be able to recover compensation for repairs or replacement costs. This includes damage to your car, clothing, or any other personal property that was damaged in the accident. 5. Punitive Damages In some cases, the court may award punitive damages to punish the defendant for extreme negligence or intentional wrongdoing. This type of compensation is designed to discourage others from similar actions. Punitive damages are usually awarded in addition to other damages, and there is often a cap on the amount that can be awarded. Compensation for a personal injury case can vary depending on the circumstances of your accident and the injuries you suffer. The best way to determine your compensation is to work with an experienced personal injury lawyer. They can help you gather the evidence needed to build a solid case, negotiate with the insurance companies, and present your case in court. By having a thorough understanding of how compensation is calculated and working with the right legal team, you can ensure that your rights are protected and that you receive the compensation you deserve.
05 Jul, 2023
Understanding the Grounds for a Wrongful Death Claim in Georgia
More Posts
Share by: