My brother passed before case was done.
Asked in Fort Lauderdale, FL on August 21, 2026 Last answered on September 9, 2026He passed and his son went on a zoom on 8/7/2026. But he knew nothing of the case until he received this notice about the case until it was too late to do anything. My brother fell in a manhole in front of the store and it cut off half his manhood. As a result he had to live in pampers. Can this case be adjudicated still?
1 answer
Did your brother pass away as a result of the incident causing him injury, or due to unrelated reasons? If he died as a result of the incident, his claim would now be treated as a wrongful death case, and an estate would need to be opened for him to have a personal representative appointed. The personal representative would be the named plaintiff in the case suing on behalf of your brother's estate and survivors like his son. If your brother died for reasons unrelated to the incident, a case could still be brought on his behalf, but it would be called a survival action. This basically means that if someone had a case at the time they died, the case survives their death. Finally, whether or not you can bring a case will depend on whether the statute of limitations has passed, and whether other defenses (like workers' compensation immunity) would apply. If your brother didn't have a lawyer already, you should talk to one who specializes in personal injury or wrongful death cases.
Don't see what you are looking for? Ask a Super Lawyers Selectee - it's free!
Submit a question and get answers for free from a Super Lawyers Selectee.
Ask a questionThe information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.