Can a Mesothelioma Case be Continued after Death New York Attorney Joe Williams explains

Does a mesothelioma victim's case continue
if unfortunately they pass away during the pendency of the case? Hi. I'm Joe Williams.
I'm a mesothelioma trial attorney in New York City and I can tell you that the answer to
this question is yes. There's a process in place in the courts in New York (and really,
in all states) wherein a litigant who brings a case if they are unfortunate enough to pass
away during the pendency of the case, the court can substitute someone in their place
to carry on the case to its conclusion. Generally what happens is an application is made to
a different court, it's called the Surrogate's court.

This other court, the surrogate's court
-- and when I say this other court, it's not the same court where the case is brought.
It's a court that deals specifically with these things, that's what's called the surrogate's
court. And the surrogate's court will decide who it is who stands in the shoes of the person
who passed away -- the person who brought the case, the asbestos exposed worker who
passed away from mesothelioma. And the surrogate's court will make this decision based upon a
few things, the most important of which is a will. So if the person who died had a will
and appointed an executor, then the surrogate's court will certainly take that into account
and in many circumstances appoints that executor as the person who's in charge of the civil
case, of the mesothelioma case to bring it to its conclusion.

If the person who died
did not have a will, well the surrogate's court makes a determination based upon all
the facts and all the circumstances as to who should stand in the shoes of that now
passed away person. The surrogate's court will issue an order who it is who will take
the place of the person who passed away. And it's typically a family member, a spouse or
the children and the surrogate's court decides this based upon all the information -- but
it's typically a family member. The bottom line is the case can continue after the victim
of mesothelioma's death and any settlement money or any money from a judgment or verdict
goes to that person's spouse or their family members.

I'm sure you have many more questions
about this topic as it relates to mesothelioma patients. I'm Joe Williams. I encourage you
to call my office at the number listed below. We handle these cases every day.

We represent
victims of mesothelioma each and every day and we'll be happy to answer your questions.
Thanks..