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What Happens if a Plaintiff Dies During a Lawsuit?
Losing a loved one is never easy, and if they pass away while in the middle of a personal injury lawsuit, it can make matters all the more overwhelming. If you’re wondering if the claim can still move forward, the good news is that there are legal options to handle difficult situations like this.
Find out what happens when a plaintiff dies during a lawsuit and how things might change if the defendant passes away, too, below.
What Is a Survival Action?
A survival action is a legal mechanism that allows a representative of the deceased’s estate to continue pursuing a personal injury claim on behalf of the deceased; this only applies if the plaintiff dies for reasons unrelated to the injury in the lawsuit. For example, if someone involved in a car accident lawsuit passes away from a heart attack, their estate can still file a survival action to recover damages related to the accident.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit can be filed when someone’s negligence directly leads to another person’s death.
In New York, family members like spouses, children, or parents can bring a wrongful death claim to seek compensation, such as medical expenses related to the deceased’s final illness or injury, funeral costs, lost wages and benefits, loss of companionship, and emotional support. It can also cover the pain and suffering the deceased experienced before their death.
Steps to Take If Someone Dies in the Middle of a Claim
There are several steps that must be taken to ensure the case can continue:
- First, the fiduciary must notify the court about the death, usually by filing a formal notice. Then, the court will appoint a personal representative to take over the case; this individual may be a family member, an attorney, or someone designated in the deceased’s will.
- Next, the original complaint might need to be updated to reflect the change in parties and include any new claims, like a survival action or wrongful death claim. The legal process will then continue with discovery, depositions, and potentially a trial, with the fiduciary representing the estate’s interests throughout these proceedings.
- Finally, if the estate receives compensation, the proceeds will be distributed according to the deceased’s will or state laws if no will exists.
What Happens to a Lawsuit When the Defendant Dies?
Similar to what happens with the plaintiff, a defendant’s death won’t make a lawsuit disappear, but it will change how the case moves forward. Instead of pursuing a claim against the individual, the plaintiff must direct the lawsuit toward the deceased’s estate.
Once an executor or administrator is appointed through probate, they’ll take the defendant’s place in the lawsuit. From there, the legal process resumes, and the estate will assume responsibility for any damages if the plaintiff prevails.
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