What Happens to a Personal Injury Claim If the Plaintiff Dies?

Two Scenarios

There are two different scenarios when a personal injury plaintiff dies: (1) the plaintiff dies from causes related to their accident injuries, or (2) the plaintiff dies from unrelated causes while the case is pending. Each is handled differently.

Death Related to Injuries (Wrongful Death)

If the plaintiff dies as a result of their accident injuries, the personal injury claim is typically converted to a wrongful death claim. Surviving family members (spouse, children, parents depending on state law) may bring a wrongful death action. A survival action may also be available for the plaintiff's pre-death suffering. These proceed through the estate or directly by heirs as state law prescribes.

Death Unrelated to Injuries

If the plaintiff dies from causes unrelated to the accident while the case is pending, the claim survives and continues through the estate. The personal representative (executor) of the estate substitutes in as the party and continues the litigation. Recovery belongs to the estate and is distributed according to the will or intestacy laws.

Survival Statutes

All states have survival statutes that allow personal injury claims to continue after the plaintiff's death rather than being extinguished. The scope of what survives varies by state — some states limit survival claims; others allow the full range of damages the plaintiff could have recovered.

Get Legal Help in Your City

• New York City, NY — Personal Injury
• Los Angeles, CA — Personal Injury
• Chicago, IL — Personal Injury

Browse all cities →