Auto Insurance Claims: Insurance Settlements, estate, death

Question
My husband passed away in September and he was in a car accident about a month before that. He was a passenger of a car that got hit on his side and it was ruled the other persons fault. He was trying to get a settlement but he passed away before he pushed it much father than sending some papers in. Now there is still hospital bills and things from in still owed so i was wondering if me and his children can claim it or push it.

Answer
Rachel,

So sorry to hear about the loss of your husband.  Yes, you can "push" his claim.  It's a bit of a complicated process but here's a quick summary.

You need to establish an estate for your husband.  An estate is a legal entity that's created to handle disposition of the deceased assets (including insurance claims, potential lawsuits, etc).  This is a fairly complicated legal process so you'll almost certainly need a lawyer who specializes in the area.  I have several firms I can suggest for you but not in an open forum like this one.  Please email me at eferraro@ferrarofirm.com and I can give you some suggestions.

Once established, the Estate can then act as a living person would by processing claims, filing lawsuits, etc.

As I said, this is a fairly complicated legal process and you really should seek professional assistance.

Best regards and once again I'm sorry for your loss,

Ernest Ferraro