What if a person dies before bringing a personal injury lawsuit?

by **hewlett** » Sat Dec 17, 2011 1:31 am

His estate can bring the suit after death

by **kenway** » Sat Dec 17, 2011 1:34 am

It depends on whether the person died as a result of injuries from the accident or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person's heirs may recover money through a lawsuit known as a wrongful death action. Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases and may be brought by the executor or personal representative of the deceased person's estate.

by **bing49** » Sat Dec 17, 2011 1:41 am

The claim could be filed by the estate of the person who had died. Just because a victim dies, doesn't mean any civil claims simply go away. The case might be harder to win because the person would obviously be unable to testify, but evidence of medical reports could still be admitted. If the injury was the cause of death the estate could file a claim, as well as the closest surviving relative (order goes Spouse, Children, Parents, Siblings) could file a separate claim.

by **colten** » Sat Dec 17, 2011 1:47 am

If the personal injury was the likely cause of death, then the family or next of kin of that person could still file a law suit for wrongful death. If anything else was the cause of death however, I doubt if a suit could still be filed unless it had been ongoing while the person was alive..and was for actual changes in the financial picture for his or her family etc.

by **aethelbert35** » Sat Dec 17, 2011 2:02 am

The executor becomes the plaintiff on behalf of the estate. Any money won is distributed in accordance with the will or in accordance with the laws of intestacy if there is no will. If appropriate, the complaint might include wrongful death.

by **culley96** » Sat Dec 17, 2011 2:05 am

If the death was caused by the injury then there could be a wrongful death suit, other than that, the person won't get any compensation if they're dead. They obviously don't need it...

by **garbhach65** » Sat Dec 17, 2011 2:16 am

If there were dependent family members they might be able to sue.

by **bocley** » Sat Dec 17, 2011 2:25 am

If you were hurt by a person who then died before you could bring suit...you're screwed. That happened to me.

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