When you file a lawsuit, you typically expect that the lawsuit will be successful and that damages will be awarded to you and/or your loved ones. However, what happens to a lawsuit if the person dies? Depending on the state and the circumstances of the lawsuit, it may still be possible to continue the lawsuit despite the fact that the plaintiff’s life has been taken. It is usually possible to file a wrongful death claim even after the plaintiff dies, and the surviving family or beneficiary may also have a valid claim to pursue the case. It is important, however, to understand what happens if a lawsuit is brought against a person who has already died.
What happens to a lawsuit if the person dies because of an accident is actually quite simple.
The estate must file a probate action to determine whether there are any assets left under the person’s name that should be distributed to the heirs. If the deceased was a dependent, the probate court will determine what percentage of the estate should go to each relative, and will order the property to be distributed. Most people are quite familiar with how the process works, but if not, there are many sources on the Internet that can help a person understand the basics of how the process works.
If the plaintiff (the person suing) does not have enough money to pay for the proper legal counsel, the court may appoint a personal representative to handle the case. Although the personal representative may file court documents related to the lawsuit, he or she does not represent the plaintiff, so it is important to understand who will ultimately represent you when you die. In some instances, the personal representative may file documents with the court, but the lawsuit will be done by the attorney. This means that the person who is supposed to benefit from the lawsuit does not actually have an opportunity to have his or her attorney to argue the case.
If the plaintiff passes away due to an injury claim, one of two things may happen.
First, the claim will be transferred to an estate in another state. Some states do not recognize a cause of action, and therefore a lawsuit cannot be filed in that state. States that recognize a cause of action to recognize that it is possible for an estate to exist in different states. For this reason, the plaintiff’s representative might file paperwork to transfer the lawsuit to the estate of a deceased resident.
If the deceased defendant was a resident of one state but died in another, the claim may be transferred to the estate of the resident defendant.
The issue here is what happens if the defendant dies intestate, or without a will. If the claim is intestate, the plaintiff must file the lawsuit in the state where the deceased defendant lived. Otherwise, the claim simply transfers to the heir of the deceased defendant, whether that person has a valid claim or not.
Another scenario is when the lawsuit is filed within two months of the actual death of the deceased person.
In this instance, the probate court determines the validity of the complaint and enters a judgment against the defendant. Such judgments are enforceable in state and federal courts. What happens to a lawsuit that is transferred to probate? It remains with the estate of the deceased person until it is finally settled.
What happens to a lawsuit after the plaintiff’s death? If the plaintiff’s representative is not able to represent the estate, then the court appoints an executor.
Although the executor is appointed by the court, he or she does not have the same type of status as the plaintiff’s representative. For example, the executor is not permitted to make final decisions regarding the settlement of the estate. Furthermore, the executor is not allowed to give final instructions regarding the settlement of the estate.
What happens to a lawsuit after the defendant dies? Once the claim has been resolved, the claim does not go on any further record. If no settlement is reached, the case is closed and the plaintiff and defendant will not be involved in any more personal injury cases. As long as there is no claim against the defendant, the plaintiff cannot file a motion to reconsider the granting of the settlement.
