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LGKG | Luxenberg + Garbett + Kelly + George

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Here's what to know about a death during a personal injury claim

As someone who is representing a loved one who was hurt in a car crash and subsequently passed away, you may not be sure if their personal injury claim remains viable in court. The truth is that it depends on why they've passed away.

If your loved one was badly hurt in a crash, and a personal injury claim was filed, then that claim is only going to work as long as they're living or as long as they pass away from unrelated events. In the case that they pass away due to their injuries from the car accident, then you'll need to file a wrongful death claim instead.

When should you consult with an attorney about a claim?

It's a good idea to consult with an attorney from the moment you're sure there is an injury and to remain in touch throughout the legal process. If your loved one later passes away, your attorney will already be involved in the case and will be able to help you file a new claim or to continue a claim that was already open with the court.

Your attorney is there to support you, whether you're the person who is injured or the executor or personal representative of the estate. Each of these individuals would have the right to bring a lawsuit in court. If the person who is hurt dies, then the executor or personal representative can take over the claim and continue on with it to make sure they're compensated fairly.

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