Help for the Pain

When your family member has serious injuries from work or an accident and he or she has filed a lawsuit because of those injuries, you do not expect him or her to pass away during the course of your lawsuit. It is very rare, but it does happen. Injuries that take a turn for the worse, such as head or spine crushing injuries or flesh-eating bacteria in open wounds, could end the case before it even starts. If you want to be sure justice prevails, there are a few things you can do legally to see your loved one's case through post-mortem.

Preparing for the Worst

When the family member is not married and/or does not have children, involve your parents or a cousin to whom you are close. Helping your family member prepare for a worst case scenario before an accident occurs is ideal. In this case, just knowing what he or she wants and how he or she wants the case to proceed in his or her absence means you or someone close must get involved. That way, if the family member does pass away before his or her personal injury case is settled, you or the designated representative can be a proxy.

Name a Beneficiary and/or Create a Will

If your family member is of sound mind, he or she must create a will/name a beneficiary to handle the medical and personal expenses in the event of his or her untimely death. The beneficiary must also be willing to address the family member's (current) past financial problems once the personal injury attorney has won the case. If the lawyer is seeking compensation above and beyond what the family member needs to pay for medical bills, health care and funeral expenses, make sure your family member has a will to dole out any of the excess money to appropriate heirs.

Appoint a Legal Guardian to the Estate

Sometimes hiring and appointing a lawyer as guardian of the estate allows the lawyer to continue fighting for your injured and deceased loved one. If your family member has absolutely no one to pick up the torch and carry on the lawsuit, then this might be the final option. A separate lawyer may be appointed for the dispersal of monies gained at the end of the lawsuit, as well as another lawyer to draw up the will and assign beneficiaries. If your personal injury attorney is not qualified to be a legal guardian of the deceased's estate, then separate lawyers will have to be appointed anyway. If you do not yet have a lawyer, the consider retaining one from a company like Kuzyk Law.