Your loved one was working with a personal injury attorney after a serious accident. Before the case could be resolved, they passed away. Now, along with grieving and making arrangements, your family is left wondering what happens to the case. In Texas, a personal injury claim does not automatically end when the injured person dies, even if the death was unrelated to the accident. The claim may continue, but the attorneys will need to determine who has legal authority to act on your loved one’s behalf.
What Happens to the Existing Injury Case?
The injury attorney will review where the case stands and explain what needs to happen next. The work already completed (such as gathering medical records, investigating the accident and negotiating with the insurance company) may still support the claim. However, the attorney cannot simply take settlement instructions from whichever family member has been helping with the case. Before decisions can be made, it must be clear who has authority to act.
Who Can Make Decisions About the Claim?
Being your loved one’s spouse or child does not automatically give you authority to continue or settle the case. Often, that responsibility falls to the executor or administrator appointed to manage the estate. The right approach depends on your loved one’s estate and your family’s circumstances. Probate involves its own procedures and requirements, and families should not assume that every attorney, including the attorney handling the injury claim, has that experience. If probate is needed to establish who can act, it is strongly recommended that your family work with an attorney who specializes in probate law, such as Don Ford at Ford + Bergner LLP. Bring any will or court paperwork you have to your meeting with your probate lawyer and explain that your loved one had an unresolved personal injury claim.
What If the Accident Caused Your Loved One’s Death?
The existing injury claim and a claim arising from the death address different losses. The injury claim concerns what your loved one experienced before death. If the accident also caused the death, certain surviving family members may have a separate wrongful death claim for their own losses. If your loved one died from an unrelated illness or another unrelated cause, that does not turn the accident case into a wrongful death claim. The existing injury claim may still continue. The injury attorney can review the medical evidence and explain which claims apply.
How Do the Injury Attorney and Probate Attorney Work Together?
The injury attorney and probate attorney handle different responsibilities that often need to be coordinated before the case can move forward. While the injury attorney deals with the insurance company, evaluates the evidence and negotiates a possible settlement, the probate attorney helps establish who has authority to act for the estate and advises on how any money recovered for the estate should be handled. By working together, the attorneys will guide your family through the steps needed to continue the claim and carefully address the related estate matters.
What Should Your Family Do First?
Let the attorney already handling the injury case know that your loved one has died. You do not need to settle the estate or have every document in hand before making that call, but it helps to explain whether your family has contacted a probate attorney and whether anyone has been appointed to manage the estate. The injury attorney can identify what needs attention in the pending injury case, while a probate attorney can help your family address the estate requirements. You do not have to sort through these questions on your own; with both attorneys addressing their respective responsibilities, your family can get clear guidance about the next steps.
Contact Our Texas Personal Injury Law Firm For Help Today
If you’ve been injured in an accident in Texas and need legal help, contact our experienced personal injury lawyers at the Law Office of Shane McClelland PLLC to schedule a free consultation today. We have two convenient locations in Texas, including Katy and Sugar Land.
We proudly serve Rosenberg, Fort Bend County, Harris County, Waller County, and surrounding areas.
Law Office of Shane McClelland PLLC – Katy Office
Address: 21733 Provincial Blvd Suite 910, Katy, TX 77450
Phone: (713) 987-7107
Hours: 24/7
Our firm is located near you.
Find us with our GeoCoordinates: 29.7787076,-95.748153,3574
Law Office of Shane McClelland PLLC – Sugar Land Office (By Appointment Only)
Address: 18722 University Blvd suite 243, Sugar Land, TX 77479
Phone: (832) 391-5219
Hours: 24/7
Find us with our GeoCoordinates: 29.5472032,-95.5861976,3583
