Steps for Injury Lawyers in Missouri After a Client’s Death in Missouri

When a personal injury client passes away during an active case, Missouri injury lawyers face a complex intersection of personal injury and probate law. This situation requires quick, decisive action to preserve the case’s value and ensure the deceased client’s interests continue to be protected. Understanding the proper steps and legal requirements is crucial for maintaining the momentum of the case and securing a favorable outcome for the surviving heirs.

Understanding How a Client’s Death Affects Your Personal Injury Case

In Missouri, the death of a client doesn’t automatically terminate their personal injury claim. Under Missouri Revised Statutes § 537.020, personal injury actions not resulting in death survive to the personal representative of the deceased party’s estate.

For example, suppose your client was in a car accident and then later died of a heart attack. The car accident case would typically survive to the personal representative of the client’s estate.

Additionally, § 537.021 provides a crucial mechanism for appointing a personal representative even beyond the standard one-year filing deadline under § 473.050, specifically for prosecuting certain injury claims.

However, immediate action is necessary to ensure the case continues smoothly. Understanding the probate process in Missouri becomes essential, as the case must transition from the deceased client to their estate representative.

Immediate Steps After Learning of Your Client’s Death

1. Notify All Relevant Parties
– Inform the court handling your personal injury case
– Contact opposing counsel and insurance representatives
– Document all notifications in writing

2. Identify the Appropriate Representative
– Determine if there’s a named executor in a will
– If no will exists, identify potential administrators
– Executor responsibilities after death include managing ongoing litigation

3. Initiate Probate Proceedings
– File necessary paperwork with the probate court
– When probate is required for Missouri estates becomes particularly relevant in these cases
– Consider compliance with Missouri Revised Statutes § 473.360 regarding claim filing deadlines if there is a counter-claim against your client

Preserving the Value of the Personal Injury Case

Time is of the essence when preserving case value. Factors influencing probate timelines in Missouri can significantly impact your strategy. Key considerations include:

• Maintaining evidence integrity during the transition
• Continuing settlement negotiations when appropriate
• Preserving testimony through depositions if not already completed
• Ensuring medical records and bills are properly preserved and authenticated

Working with the Estate Representative

Once appointed, the estate representative becomes your new client. Understanding their role is crucial:

• They have authority to make settlement decisions
• They must approve actions by counsel in the same way an ordinary client would
• They’re responsible for managing a deceased client’s financial obligations through probate

Managing Case Momentum

To maintain case momentum:

1. Continue gathering and preserving evidence
2. Keep medical providers informed of the situation
3. Maintain regular communication with the estate representative
4. Consider if additional claims (such as wrongful death) might apply

Note that under Missouri law, if the death was caused by the tortfeasor — that is, the injury that is the basis of the lawsuit was also the cause of death — in most cases the legal regime will switch from one in which the claim is owned by the representative of the probate estate to the legal mechanisms detailed in the Missouri Wrongful Death law.

Actions under the Wrongful Death law are typically direct actions held by the heirs themselves, not by the probate estate.

Potential Complications and Solutions

Common challenges include:

• Delays in appointing an estate representative
• Disputes among potential heirs
• Insurance coverage questions
• Statute of limitations concerns

Solutions often involve:

• Seeking expedited appointment of a personal representative to ensure momentum of the case
• Maintaining clear communication with all parties
• Documenting all steps taken to preserve the claim
• Ensuring evidence is preserved in the event of a client death

Conclusion

When a personal injury client dies during active litigation, quick and knowledgeable action is essential. Understanding the interplay between personal injury and probate law, maintaining proper documentation, and following Missouri’s specific statutory requirements will help ensure the best possible outcome for the deceased client’s estate.

The key is to act promptly while carefully following all necessary legal procedures. This approach helps maintain case value and ensures the deceased client’s interests continue to be protected through their estate representative.