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What happens to a personal injury claim that isn't settled before death?

I'll try to keep this brief but give all pertinent facts.
My MIL was injured in a work accident about 18 months ago. She was going through a compensation claim when she suddenly became unwell and passed away in November. My FIL informed the solicitor that MIL was very unwell and unlikely to survive and they advised to accept the offer she had been made (which was her accepting 20% liability, something which she didn't agree with).
The paperwrok to sign arrived the day my MIL passed. Solicitor then told FIL that claim would be put on hold whilst probate was sorted and advised to use someone in their firm to do it. FIL was in the process of sending them all the information when he suddenly passed away last week.
My query is that early last week my FIL received a letter with an amount substantially less than what was originally offered. The letter seemed to suggest that it was for FIL's out of pocket expenses and compensation for their cancelled holiday.
Does this mean my MIL side of the claim has now been cancelled/dismissed? Are there any options available to us? Would the estate be able to complete any of this claim? We are still trying to sort out the funeral expenses from MIL and now we have to sort FIL out too.
Thank you for reading.

Comments

  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The claim doesn't automatically get dismissed or cancelled. However, the amounts due may be different as a claim usually involves an element for pain and suffering, and (depending on the nature of the injury) future pain and loss of earnings. Where someone dies, those claims are calculated up to the date of their death.

    The right to pursue the claim is, I think, effectively treated as an asset of the estate.

    The solicitor dealing with the claim ought to be able to give you (or your MIL's executors/administrators) better information
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • pollypenny
    pollypenny Posts: 29,441 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think it continues. My father had just started a pneumoconiosis claim in respect of his own father when he died. I was able to continue dealing with it.

    Can you take advice from her Union?
    Member #14 of SKI-ers club

    Words, words, they're all we have to go by!.

    (Pity they are mangled by this autocorrect!)
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