March 30, 2015


Seven persons were in a car accident including me. The driver was my husband, he passed away. He was suing the Insurance Company for Injuries (all seven persons were injured). Since his death, his attorney said she no longer want to continue with the case as he died. Can another injured person from the car continue with the suit or can I open a new case as I am his wife? Could the Attorney had continued with the case seen as there were other family members who were also apart of the accident and got injured? His 2 children (under the age of 18) were also injured in the said accident.


You don't say how serious the accident was, whether another vehicle was involved, or whether your husband died as a result of it. In any event, in order to proceed with the case, an Administrator needs to be appointed by the Surrogate's Court to represent your husband's estate. A new attorney who handles 'wrongful death' cases would be familiar with the issues presented. If your husband was a party to a lawsuit already filed, the case would be 'stayed' until such an appointment.

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