What can I do with a personal injury lawsuit if the plaintiff suddenly died? 31 Answers as of February 17, 2012

Yes. The Estate of the deceased will still be liable, and her insurance coverage will cover any claim that it would have covered when she was alive.

You should be asking your late mother's attorney that question. Other factors come in to play, such as the availability of witnesses, whether your mother had testimony on the record in the form of a deposition, whether there was a claim for permanent disability or future pain and suffering. They might pay something just to get rid of the matter, they might take the position that if there is now insufficient evidence to go forward there is no reason for them to pay anything.

I'm very sorry for your loss. As for your question, the executor or administrator of your Mom's estate should promptly get in touch with her attorney to discuss the value of your claim.

You need to work with your attorney on this. Following the death of a party to a lawsuit there is a procedure that needs to be followed involving the filing of a document known as a "suggestion of death", and also an estate needs to be initiated. The only person with authority to continue the lawsuit after the death of a party is the party's duly appointed executor/executrix or administrator/administratrix. This has very unfortunately happened to a very few of my clients over the years and yes, the insurance still pays, but only through the proper procedure.

I am so sorry to hear about your mother. There are many issues to consider and her death may have an impact on how much money is recovered. You need to direct your question to your attorney.

You have to timely file a claim with the estate in writing. The claim is filed with the personal representative or clerk of the Court where the probate or administration is being handled. However, your time to file a claim is now limited to 6 months from the date of notice. Notice is by publication therefore, you have to be proactive to make a claim. The insurance should be responsible for tort claims against the estate.

Yes, they will still pay; however, the entity it pays will be different. The attorney will likely have to file additional paperwork if there has not already been paperwork filed naming a representative to the estate. The estate will receive the proceeds and it will be distributed according to the last will and testament or by the state's intestate laws.

Her claim is still valid but now belongs to her Estate. The attorney should be able to file a Suggestion of Death, make sure her Estate is opened, and then resolve the claim with the approval of whomever is appointed as her Administrator.

You will need to open up a probate estate and the suit can continue. Damages may not be as large, but the case should still be valid.

Possibly. Her Estate is going to have to be substituted for her in order to continue the case.

Yes, the claim does not end with the death of the plaintiff. Whether the amount the defendant will pay depends on the case. If you mother was likely to be a good witness and now she cannot testify, that would hurt her case. If, on the other hand, your mother was likely to be a wreck on the stand, her case improves to some degree because the damage the defendant hoped to do on the witness stand during cross examination they can no longer do. You should reevaluate the case and see if what the attorney thought he could get for your mother is really necessary for your family's well being.

The claim belongs to your mother's estate. Once a personal representative is appointed for your mother's estate, the personal representative can bring the claim.

First, sorry for the loss of your mother. Secondly, this is a difficult question that should be discussed with her attorney. There is a procedure when a plaintiff dies. Please note that a claim on behalf of a deceased person cannot include emotional distress damages. Thus, the value of the claim may be diminished.

They can - but they may not offer what they had offered before, because they know it will be difficult for you to prove your mother's pain and suffering claim.

I have known attorneys who have faced this dilemma in the past and they have handled it in different ways. One attorney merely called the other side and asked if the offer was still open and when it was, he accepted it without telling the other side of his client's death. The more appropriate way to handle it might be to open an estate on behalf of the plaintiff and appoint a personal representative to handle the assets of the estate, including the personal injury claim. This latter method would most likely damage most personal injury claims because the plaintiff would not be available to testify on her own behalf. Finally, if the death can be linked to the personal injury, then you would have a wrongful death cause of action against the defendant. In that case a personal representative should be appointed and should make the claim against the defendant for wrongful death of the plaintiff.

I assume the offer was from an insurance company, so the death should not matter. If it was from the deceased individually, you can still make the claim, and depending on the assets, still collect.

You need to have an estate opened to bring the claim. The claim will then be an asset of the estate. You can probably still prove up the claim using other witnesses and the medical records and bills. But most importantly, contact your mom's lawyer.

In Florida, a case survives the plaintiff and can be taken over by her estate. But generally this seriously diminishes the value of the case, especially if future pain and suffering or future lost wages were an issue. Obviously that recovery is cut-off on the date of death. The most important thing you should consider is whether the injuries your mom suffered may have played a role in her death. If she died due to those injuries or if they contributed significantly in any way, Florida law allows the claim to be converted to a wrongful death case. You should talk to your mom's lawyer. He/she should be able to help you with these issues.

Her estate can bring then suit on her behalf.