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What Happens When Your Personal Injury Attorney Dies?

Posted by Bautista Leroy | Feb 17, 2017 | 0 Comments

what happens when your personal injury attorney dies

Your attorney is an integral part of any personal injury case; they will guide you through the legal system, advocate on your behalf, and work towards getting you compensation that you're owed. But what happens if, unexpectedly, during your case, your personal injury lawyer becomes unavailable? Don't panic: the legal system has the infrastructure in place to handle this scenario effectively. Knowing your rights and what steps to take will help facilitate a successful resolution.

Importantly, your case does not end when an attorney dies. Rather, the legal battle remains active between you, as the plaintiff, and any defendants involved. Most often, law firms or the estates of deceased attorneys will inform their clients and explain what should happen next.

If your attorney belongs to a firm, another member could take over your case as the transition is usually seamless, as they already have access to your files, communications, and notes, helping prevent legal proceedings from being delayed further. You still have the power to decide if that lawyer should remain or hire another if their replacement doesn't meet your expectations.

Situations may become more complex if your attorney operated alone and was unaffiliated with larger firms. In such a circumstance, the court can appoint an attorney or trustee to temporarily manage their practice and transfer cases efficiently. They should contact you with instructions on how to retrieve case files and find new representation. In these instances, action must be taken quickly in order to meet court dates or deadlines on time.

Once an attorney passes away, their file should be obtained. This should include correspondence, documents, evidence, and notes related to your case as a whole. Keeping everything organized will facilitate an easy transition, whether within the same law firm or to a different attorney; you may need help from local bar associations or courts if you cannot find your copy yourself.

Take into account how either death or your attorney could alter your timeline. Sometimes delays are unavoidable - this is particularly true if they occur suddenly and unexpectedly - although courts tend to be accommodating and allow reasonable extensions for deadlines to be met, and cases remain active. It is vital that regular contact be maintained with both courts.

Selecting an attorney to represent your personal injury case is an important decision, so you must find someone experienced and willing to fully review it. A good personal injury lawyer will evaluate progress, identify any gaps, and create a plan for moving forward. Many personal injury firms offer free consultations so that you can interview several lawyers before making your final decision.

Even though losing your personal injury lawyer can be emotionally trying and distressing, it doesn't need to impede or hinder your case. By understanding your rights and acting swiftly to secure files and find qualified legal representation, you'll be able to continue seeking justice and compensation; after all, this legal system was designed with you in mind and accommodates such transitions seamlessly.

For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis. 

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Bautista LeRoy LLC - Kansas City, MO
3770 Broadway Blvd.
Kansas City, MO 64111
816-221-0382

Bautista LeRoy LLC is located in Missouri, providing representation for Catastrophic Injury Cases, including Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, and Medical Malpractice. Contact us today to schedule an appointment.

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