What Happens in a Personal Injury Lawsuit if the Plaintiff (Party Suing) Dies?

Filed November 17th, 2011 tmccoy



by Fred Rosenthal, Esq.

A personal injury case does not end if a Plaintiff (the party that brought the lawsuit) dies. If this happens, the lawsuit is considered to be personal property of the decedent and becomes part of the estate. Therefore, an estate representative has to be appointed by the court to be empowered to act on behalf of the estate. The representative is usually the deceased person’s spouse, or a child of the deceased. If the deceased has a will, it will usually indicate who the deceased desired the estate representative to be.

When the personal injury case is resolved, any compensation awarded will be distributed as part of the estate, as stated in the deceased person’s will, or if there is no will, in accordance with the laws of the state where the deceased resided.

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