Losing a loved one is an indescribable pain, and when their passing occurs during the pursuit of a personal injury claim, the situation becomes even more overwhelming. Understanding what happens if someone dies while they have a personal injury lawsuit pending is vital for those left behind, who now must navigate the complexities of legal proceedings in the wake of their loss. When a plaintiff in a personal injury lawsuit passes away, the lawsuit doesn’t come to an automatic halt. When someone filing a personal injury claim dies, the lawsuit doesn’t come to an abrupt end. Instead, it transitions into a wrongful death claim, allowing surviving family members to seek compensation for their loved one’s passing.
At Hollis Law Firm, we understand the profound impact of losing a loved one and the added burden of pursuing a wrongful death claim. Our experienced team is here to provide you with the support, empathy, and legal knowledge needed to navigate the complexities of the legal system. We will stand by your side every step of the way, fighting tirelessly to ensure your rights are protected and you receive the compensation and closure you deserve.
What Happens if Someone Dies While They Have a Personal Injury Lawsuit Pending?
Losing a loved one is a devastating experience, and when it happens amidst a personal injury lawsuit, it can complicate matters even further. Understanding what happens if someone dies while they have a personal injury lawsuit pending is crucial for the deceased person’s family and the continuation of the legal process.
Firstly, if the individual who initiated the personal injury lawsuit passes away, the lawsuit does not automatically terminate. Instead, it becomes part of the deceased person’s estate. In legal terms, this means that the deceased’s personal representative or executor steps into their shoes and assumes responsibility for pursuing the claim on behalf of the estate. The probate court typically appoints this representative, who may be a family member, attorney, or another individual designated in the deceased person’s will or estate plan.
Secondly, the personal injury lawsuit transforms into a wrongful death claim if the deceased’s death was caused by the same incident or injury that led to the initial lawsuit. In a wrongful death claim, the surviving family members or beneficiaries of the deceased person may seek compensation for the damages resulting from their loved one’s death. These damages can include medical expenses, funeral and burial costs, lost income, loss of companionship, and pain and suffering endured by the deceased before their passing.
What Are the Steps if Someone Dies in the Middle of a Claim?
Navigating the legal process following the death of a plaintiff in a personal injury lawsuit requires careful attention to detail and adherence to specific procedures. Here are some key steps involved:
Notification of the Court
The personal representative or executor must inform the court handling the personal injury lawsuit about the plaintiff’s death. This notification typically involves filing a formal notice of death with the court.
Appointment of a Successor
If the deceased plaintiff had legal representation, the attorney may continue to represent the estate or the appointed personal representative. Alternatively, the estate may choose to retain new legal counsel to handle the case.
Amendment of the Complaint
In wrongful death cases, the complaint filed in the personal injury lawsuit may need to be amended to reflect the change in circumstances and assert the wrongful death claim. This ensures that the lawsuit accurately reflects the legal basis for seeking compensation.
Discovery and Proceedings
The legal process continues with discovery, where both parties exchange information relevant to the case. Depositions may be taken, and negotiations or mediation sessions may occur to reach a settlement agreement. If a settlement cannot be reached, the case may proceed to trial.
Distribution of Proceeds
If the estate or surviving family members receive compensation through a settlement or trial verdict, the proceeds are typically distributed according to the deceased person’s will or the intestacy laws of the state if there is no will.Â
Contact Our Experienced Personal Injury Attorney Today
Navigating the aftermath of a personal injury claim when the person involved passes away can be overwhelming and emotionally taxing. However, understanding the legal options available and seeking the assistance of an experienced attorney can provide much-needed support and guidance during this difficult time.Â
At Hollis Law Firm, we’re dedicated to helping families find closure and justice in the face of tragedy. Our compassionate team is here to advocate for your rights and pursue fair compensation on behalf of your loved one. Don’t hesitate to reach out to us for assistance with your wrongful death claim. Schedule a consultation online or by calling (800) 701-3672.
