What Happens to an Injury Claim When Someone Dies?
When a death occurs after an accident or serious injury, whether the incident caused death or when it occurs after a claim is already filed, we help clients and families battle the confusion about legal and financial implications. It can feel overwhelming to deal with paperwork, insurance companies, and questions about what comes next. Schefman & Associates takes the lead.
An injury claim doesn't disappear when someone passes away. Instead, the claim will continue through the decedent's estate. Even if there was no will, a personal representative can be appointed to continue the fight. Knowing how these situations unfold helps families as they consider their options and responsibilities.
At Schefman & Associates, PC, we help families learn about their legal options after the loss of a loved one and handle all of the issues for you. From our office in Bloomfield Hills, Michigan, we assist families throughout Oakland, Wayne, Macomb, and Washtenaw counties. If your family is facing questions about an injury claim after the loss of a loved one, reach out to us to discuss your situation.
Sorting Through Damages in an Injury Claim After Death
The economic and non-economic damages claims after an injury claim often depends on the circumstances surrounding the death. If the death was unrelated to the injury involved in the claim, the estate will still pursue compensation connected to the injuries the person experienced before passing away. Medical expenses, lost income, and pain experienced before death will still be part of the claim.
If the death was connected to the injuries from the accident, the legal matter will also involve a wrongful death claim. This type of legal action focuses on the losses experienced by surviving family members after the death of their loved one and can project damages into the future, both economic and non-economic.
An experienced lawyer at Schefman & Associates will review the details of the case and determine how damages amy be calculated based on the injury claim. This review will include an examination of medical records, accident reports, and other evidence related to the incident. Although every situation is different, it’s important to know that legal rights related to an injury claim will still exist even after a person passes away. And even if death is unrelated to the original injury, the claim is pursued through a probate estate in which all claims are merged.
Legal Actions Families Can Pursue
When a person dies following an accident or serious injury, there will be more than one legal proceeding. The original injury claim. continues in the Circuit Court. However, an estate must be opened in the probate court so a Personal Representative may be appointed. The Personal Representative will then possess all of the rights needed to continue and resolve the case through trial or settlement. All claims by family members for the loss are merged into the estate. The Circuit Court will resolve the claims of the heirs at law and apportion any settlement or award, and there often are no separate funds available for the estate.
Several types of legal claims that apply are:
Survival actions: This type of claim allows the estate to continue the injury claim that the deceased person could've pursued if they had lived.
Wrongful death claims: These claims focus on the losses suffered by surviving family members as a result of the death.
Medical expense recovery: Costs related to treatment before death will still be included in the legal claim.
Loss of income considerations: If the deceased person supported family members financially, those losses will also be taken into account.
Each of these legal claims addresses different types of harm connected to the accident and the loss of life. The details of the situation that caused death will influence which claims will apply, how they proceed, and whether damages may be projected into the future. Working with Schefman & Associates, we can help families review available claims and determine how an injury claim or related legal matter will proceed so we can maximize the value of the recovery.
Personal Representatives Continue an Injury Claim
After someone passes away, an injury claim is typically handled by the personal representative of the estate. This person could've been named in the deceased person's will, or the Probate Court will appoint someone to manage the estate if no will exists. It issues a formal Letter of Authority giving the power to that person to take all action necessary to continue the claim and make all of the decisions for the estate, managing legal matters, working with legal counsel, reviewing evidence with counsel.
When a fatal injury occurs, the heirs may all have a loss claim. These include spouses, children, and parents. Brothers and sisters typically do not have the same claims. The Circuit Court will review the situation to determine how any compensation is distributed among those affected and the fairness of distributing any verdict or settlement.
Schefman & Associates will handle the entire claim, from the appointment of a personal representative at the Probate Court to litigation and resolution in the Circuit Court and distribution after petition and approval by the Circuit Court.
Compassionate Counsel
Losing someone you love is an emotional and life-changing experience. When legal questions arise during a time of grief, it can be difficult to know where to turn for reliable information. Learning about your legal options will help you move forward with greater clarity.
We have worked with thousands of individuals and families who are facing difficult situations. At Schefman & Associates, PC, we help clients navigate the next steps for an injury claim after the loss of a loved one. Our firm serves families in Bloomfield Hills and surrounding areas, including throughout Oakland, Wayne, Macomb, and Washtenaw counties.
If you have questions about whether you have an injury claim and how an injury claim will proceed after someone’s death, call Schefman & Associates to gain a clearer picture of your options.
Contact us today by phone or text, 248-594-2600 to discuss your situation.
