Going Through Probate After A Personal Injury

When a loved one passes away due to a personal injury—whether from a car accident, medical malpractice, or another form of negligence—their estate often goes through probate. Probate is the legal process of distributing a deceased person’s assets and settling any outstanding debts. If the deceased had an ongoing personal injury claim or was entitled to compensation before their death, navigating probate can become even more complex. Understanding how probate interacts with personal injury claims is crucial for family members and estate executors.

What Happens To A Personal Injury Claim After Death?

If a person dies from injuries unrelated to their claim, the right to pursue a personal injury lawsuit often passes to their estate. As our friends at W.B. Moore Law can attest, the estate’s personal representative (executor or administrator) may continue the claim and recover damages on behalf of the estate and beneficiaries.

However, if the death was directly caused by the personal injury (e.g., a fatal car accident or medical negligence), the case may transition into a wrongful death claim. This legal action allows surviving family members to seek compensation for medical expenses, funeral costs, lost financial support, and emotional suffering.

The Probate Process And Personal Injury Claims

When a personal injury claim is pending or a settlement is received after the victim’s death, probate is often required to ensure proper distribution. Here’s how the process typically unfolds:

1. Opening The Estate In Probate Court

The first step is to appoint a personal representative (executor if there is a will, administrator if there isn’t). This person manages the deceased’s affairs, including handling lawsuits, debts, and asset distribution.

2. Determining Estate Creditors And Debts

Before beneficiaries receive any funds, the estate must settle outstanding debts. Medical bills, funeral expenses, and legal costs from the personal injury case may need to be paid before distributing the remaining compensation.

3. Continuing The Personal Injury Lawsuit

If a personal injury claim was ongoing at the time of death, the personal representative works with an attorney to either:

• Continue litigation to secure a fair settlement or verdict
• Settle the case if negotiations lead to an acceptable compensation offer

4. Distributing Compensation From The Claim

Any compensation received from the personal injury case is distributed according to probate rules:

• If the deceased had a will, funds go to the named beneficiaries.
• If there was no will, state intestacy laws determine how assets (including settlement funds) are divided among heirs.

5. Wrongful Death Vs. Personal Injury Proceeds

In some cases, a wrongful death claim is filed separately from a personal injury claim. Unlike personal injury compensation, wrongful death damages may go directly to surviving family members instead of passing through probate. Each state has specific laws governing these claims, making legal guidance essential.

Why Legal Assistance Is Crucial

Going through probate after a personal injury can be legally and emotionally challenging. A probate lawyer helps navigate court procedures, while a personal injury lawyer ensures that claims are pursued effectively. Together, they work to secure the best possible outcome for the estate and family members.

Losing a loved one is devastating, and dealing with probate while handling a personal injury claim adds further complexity. Understanding the process and seeking legal guidance can help families manage these challenges while ensuring justice for the deceased.