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Continuing A Mesothelioma Case Post-Mortem | New York City Personal Injury

Joseph Williams | 539 Views | 07/18/2016

Case Continuing After Victim’s Death

Does a mesothelioma victim’s case continue if unfortunately they pass away during the pendency of the case? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I can tell you that the answer to this question is “yes”. There’s a process in place in the courts in New York, and in really all states, wherein a litigant who brings a case, if they are unfortunate enough to pass away during the pendency of the case, the court can substitute someone in their place to carry on the case to it’s conclusion.

 Surrogate’s Court

Generally what happens is an application is made to a different court, it’s called the surrogate’s court. This other court, this surrogate’s court, when I say this other court, it’s not the same court where the case is brought. It’s a court that deals specifically with these things, that’s why it’s called the surrogate’s court. The surrogate’s court will decide who it is that stands in the shoes of the person who passed away, the person who brought the case. The asbestos exposed worker who passed away from mesothelioma.

The surrogate’s court will make this decision based upon a few things. The most important of which is a will. If the person who died had a will, and appointed an executor, well the surrogate’s court will certainly take that into account, and in many circumstances appoints that executor as the person who’s in charge of the civil case, of the mesothelioma case, to bring it to its conclusion. If the person who died did not have a will, well the surrogate’s court makes a determination based upon all the facts, and all the circumstances, as to who should stand in the shoes of that now passed away person. The surrogate court will issue an order stating who it is who will take the place of the person who passed away. It’s typically a family member, a spouse, or the children, and the surrogate’s court decides this based upon all the information, but it’s typically a family member.

The bottom line is that the case can continue after the victim of mesothelioma’s death. Any settlement money, or any money from a judgment or verdict, goes to that person’s spouse, or their family members. I’m sure you have many more questions about this topic as it relates to mesothelioma cases. I’m Joe Williams. I encourage you to call my office at the number listed below. We handle these cases every day. We represent victims of mesothelioma each and every day, and we’d be happy to answer your questions. Thanks.

Continuing A Mesothelioma Case Post-Mortem | New York City Personal Injury

Case Continuing After Victim’s Death

Does a mesothelioma victim’s case continue if unfortunately they pass away during the pendency of the case? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I can tell you that the answer to this question is “yes”. There’s a process in place in the courts in New York, and in really all states, wherein a litigant who brings a case, if they are unfortunate enough to pass away during the pendency of the case, the court can substitute someone in their place to carry on the case to it’s conclusion.

 Surrogate’s Court

Generally what happens is an application is made to a different court, it’s called the surrogate’s court. This other court, this surrogate’s court, when I say this other court, it’s not the same court where the case is brought. It’s a court that deals specifically with these things, that’s why it’s called the surrogate’s court. The surrogate’s court will decide who it is that stands in the shoes of the person who passed away, the person who brought the case. The asbestos exposed worker who passed away from mesothelioma.

The surrogate’s court will make this decision based upon a few things. The most important of which is a will. If the person who died had a will, and appointed an executor, well the surrogate’s court will certainly take that into account, and in many circumstances appoints that executor as the person who’s in charge of the civil case, of the mesothelioma case, to bring it to its conclusion. If the person who died did not have a will, well the surrogate’s court makes a determination based upon all the facts, and all the circumstances, as to who should stand in the shoes of that now passed away person. The surrogate court will issue an order stating who it is who will take the place of the person who passed away. It’s typically a family member, a spouse, or the children, and the surrogate’s court decides this based upon all the information, but it’s typically a family member.

The bottom line is that the case can continue after the victim of mesothelioma’s death. Any settlement money, or any money from a judgment or verdict, goes to that person’s spouse, or their family members. I’m sure you have many more questions about this topic as it relates to mesothelioma cases. I’m Joe Williams. I encourage you to call my office at the number listed below. We handle these cases every day. We represent victims of mesothelioma each and every day, and we’d be happy to answer your questions. Thanks.