Florence, SC asked in Car Accidents, Personal Injury and Wrongful Death for South Carolina

Q: Car accident

My dad was in a car accident that was not his fault about a year ago where the air bag did not deploy. There were no recalls and he suffered serious injuries due to this . There were lawyers working on the case, but my dad recently passed away due to the lung issues he was having and for some reason they decided to drop it. Do we still have a case?

2 Lawyer Answers
Tyler Young
Tyler Young
Answered
  • Personal Injury Lawyer
  • Provo, UT

A: You will want to consult with his attorney, or another attorney in the state where the accident occurred. Many states have "survivor" actions that would allow the claim to go forward.

Jeffrey David Morris
Jeffrey David Morris
Answered
  • Personal Injury Lawyer
  • Murrells Inlet, SC
  • Licensed in South Carolina

A: Your dad's estate would certainly be able to continue the underlying accident case if he was not at fault and had medical damages related to that accident. However, depending on the stage of the case, it could be very difficult. I suggest contacting an attorney sooner rather than later to consult with them. You will need to provide the attorney with a copy of the file from the previous office.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.