At Redmond Law Firm, we specialize in handling wrongful death cases arising from medical negligence. These cases often involve hospitals or medical personnel whose actions or omissions led to a tragic loss of life. We meticulously pursue justice by combining medical malpractice and wrongful death claims to ensure comprehensive legal representation for our clients.
Appointing an Estate Administrator
In these cases, a family member must be named as the administrator of the deceased person’s estate. Instead of handling this ourselves, we partner with the Roberts Law Group. While there is a $2,000 fee for their services, this expense can be recovered at the end of the case. They manage the administrative process, including petitioning for letters of administration from the Surrogate’s Court.
Gathering Necessary Documents
To obtain the letters of administration, you’ll need to provide:
- A copy of the funeral bill marked paid.
- The original death certificate.
- A list of all potential heirs to the estate, such as the spouse, children, and grandchildren.
Naming the Estate Administrator
Once all necessary information is gathered, we will name one person as the estate administrator, typically one of the children. This person is also named in the lawsuit. For instance, if Willie Jones passed away, the lawsuit would be filed as “Willie Jones by the administrator of his estate, John Jones, his son.”
Handling the Statute of Limitations
We sometimes face challenges with the statute of limitations, which for malpractice cases is generally two and a half years from the last treatment date, or two years from the date of wrongful death. If the statute of limitations is approaching, we sometimes ask our partner law firm to expedite the process to get the letters of administration issued. More often, we file the lawsuit with the administrator named as the proposed administrator, extending the filing period beyond the statute of limitations.
For example, if the statute of limitations expires in a month and we still don’t have the letters of administration, we will file the lawsuit with the proposed administrator. Normally, the defendants will file a motion to dismiss because the proposed administrator is not officially appointed yet. When this happens, the case is dismissed without prejudice, meaning we can refile the lawsuit under CPLR 205, which gives us an additional six months to file a new lawsuit. Within those six months, our partner law firmshould obtain the letters of administration from the Surrogate’s Court.
When a Client Dies During Representation
Another frequent situation is when a client dies while we are representing them. For example, two of our clients passed away during the time we were representing them. When this happens, a staff from our firm sends a notification to the court that the client has passed. The court will then stay the case, meaning it won’t get dismissed while we figure out if we want to continue representing the deceased client’s family.
Settling Cases with Deceased Clients
If we settle a case where the client is deceased, the next step is to present the case to the Surrogate’s Court and review all the settlement documents. Unlike the initial letters of administration, this process cannot be outsourced to another law firm for reimbursement.
Contact Us Today
If you have questions or need assistance with a case involving a deceased family member, don’t hesitate to reach out to Redmond Law Firm. Our experienced team is here to guide you through every step of the process, ensuring you get the support and justice you deserve. Contact us today for a free consultation and let us help you navigate these challenging situations.
