My dad had a law suit he won for a school bus hit and run while in a cross.walk. but died . what happens?

Question

in the state of az . a school bus hit him and kept going. he was in a crosswalk and there were many wittnesses . the bus was pulled over four blocks away. he hired a well know law firn and they were just about to settle . the law firm secretary said it was a very large amount of money . but when they found out he passed. they said since it was for pain and suffering and he no longer was in pain or suffering. then they could only pay the hospital bills and the lawer fees and thats it. ??? what happns to unclaimed lawsuits. he has five kids and a living spouse? what happend. we were told it goes to us treasurey?

Answer 1

Your father's inheritor(s) can claim the proceeds of the lawsuit posthumously. The fact that he died from the injuries inflicted as the result of a crime (hit and run) only means that you can now sue for unlawful death, in addition to the suit for the pain and suffering that he endured prior to death. You need to see the law firm that was (and should still be) representing him, and if they won't go forward for whatever reason, get your own representation. My condolences.  

Answer 2

I am sorry for your loss.  The way a case is settled depends on many factors.  In your dad's case, it sounds like one of the factors is future pain and suffering, which, if he were alive, could be calculated to his life expectancy.  But because he has passed, future damages are only applicable for as long as he lived after the accident. (I assume his death was unrelated to the accident).  A fair settlement would entail payment for medical bills and for the pain and suffering he incurred during his lifetime.  His sudden death has reduced the amount that the insurance company is willing to pay.  The case now goes to his estate, so whoever he designated in the will to be the executor will be in charge of the case and whether or not it will be settled or taken to trial.  As an asset of the estate, the proceeds will be distributed according to your dad's will.  Remember though that the estate does not have to agree to any settlement and can demand that the attorneys take the case to trial.  So if the insurance company was offering $100,000 but after his death is only offering $50,000, the estate can tell the insurance company to either increase the settlement offer or expect the case to be "tried" in court.  Good luck

Answer 3

I am sorry but most cases die when the plaintiff or defendant passes away. i would say it is probably fairly accurate what they say

Answer 4

no, it goes to the family, and for the kids, it's put into a trust fund. they are trying to scam you. contact your states attorney generals office, they can help you.

Answer 5

it sounds like you should defiently get the money. speak to a lawyer about this, bring all the documents etc.