Personal injury cases often take quite a bit of time to resolve. The process involves several steps: gathering evidence, negotiating with insurance companies, representing the case in court, and more. As a car accident lawyer can share, each case is unique. There is no standard timeline in which a personal injury case is completed. Which raises the question: what happens if the plaintiff dies mid-litigation of a case?
Survival Of The Claim
There are certain claims that can go on, even after a person has passed away. At that point, the estate of the deceased takes over the handling of the case. Most jurisdictions allow personal injury cases to be pursued after a person’s death. As our friends at Cohen & Cohen can explain, as long as the person did not die from their injuries in the case, then their claim can continue. However, this is separate from a wrongful death claim, at which point the person has succumbed to their injuries and their loved ones are pursuing action against the negligent parties that caused said death. It is important to note that the laws that govern this principle vary from location to location, so it is best to consult with an attorney near you to review your legal options with regards to the survivability of your loved one’s claim.
Probate And Litigation
After a person dies, their estate must go through probate, which is how a person’s will and other estate planning assets are verified by the court. This process includes distributing assets. If a person left estate planning in place, then they most likely named an executor to take over things and ensure their wishes are carried out. However, if this plan has not been established, then the court chooses an administrator to oversee the estate. This person is usually the spouse or closest surviving kin of the deceased.
This person, whether appointed by the deceased or by the court, will also inherit the personal injury case on behalf of the estate of their loved one. Should they continue to pursue it and win, the settlement is not paid to the administrator/executor of the will. Instead, it is put into the estate of the deceased which means it can be used to pay creditors. In the end, it will be distributed to the beneficiaries of the estate. Of course, disputes can still arise even with estate planning in place, but it certainly helps to avoid that.
Planning For The Future
Having an estate plan in place in general is a good idea. No one is certain of when their time will come, so it is advisable to create a plan which ensures your wishes are carried out so that your family is protected. If you find yourself going through a personal injury case, it would be beneficial to ensure that all your estate planning is up to date just in case something happens to you. Talk to an attorney near you about your case and your estate planning wishes to establish the necessary documentation to protect your assets in case of emergency.