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If an individual dies while in the process of settling an injury claim. Does the claim die also?

by Helen
(Robersonville, NC)

My brother was involved in a accident in Dec when he was rear ended. He suffered a neck injury that also aggravated other ailments he had.

His health declined over the next few months resulting in death.

Although the injuries did not directly result in his death. The extra pain he endured because of his injury should be valued a something I would think.


Hello Helen,

I am very sorry to hear about your brother. That really is a shame.

The answer to your question is: most likely yes, his estate still needs to be compensated for his pain and suffering and damages that were cause by the injury. This might be a little trickier, depending on how NC handles this type of situation, but it will be up to the trustee of the estate to settle for the benefit of the estate.

The estate would be entitled to the same damages a living person would be, except for decrease earning capacity and/or future treatment (and pain and suffering).

Please see:

For more information about this process, consult a local attorney.

Good Luck,

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