Personal injury cases are complicated legal matters that often take months or even years to settle. They involve someone seeking compensation for the harm he or she has suffered because of someone else’s negligence, whether it comes from a car accident, medical malpractice, or slips and falls.

However, the death of either the plaintiff or the defendant in the middle of a personal injury case can dramatically change the course of the legal proceedings. The process that follows varies depending on who passed away.

If the Plaintiff Dies

If the person who filed the lawsuit dies before the case is concluded, the outcome will depend on the circumstances around the death and whether the case is still pending or about to go to trial.

Survival Actions

In many states (including Texas), the law allows for the case to continue even after the plaintiff’s death through something known as a “survival action.” The legal right to seek compensation for the injuries remains intact, but the executor or administrator of the deceased’s estate will pursue the claim on their behalf.

A survival action seeks compensation for the pain, suffering, and lost wages the deceased endured because of the injury before their death. Damages might also include losses such as medical expenses, but they will not involve compensation for future suffering.

Wrongful Death Actions

If the plaintiff dies as a direct result of the injuries they sustained in the incident in question, the individual’s family or heirs can file a wrongful death lawsuit in addition to any personal injury suit that had been previously filed (even if the latter moves forward as a survival action). A wrongful death claim is meant to hold the defendant accountable for the death and compensate the surviving family members for their emotional distress, loss of companionship, and financial damages.

In simple terms, it’s a new lawsuit that focuses on the loss of life and the impact it has had on the deceased’s family.

Impact on Settlement

If the case was close to settling, the surviving family or estate could still negotiate with the defendant or their insurance company. The settlement amount might be adjusted to reflect the nature of the survival actions or wrongful death claims, which could lead to a higher payout for family members.

If the Defendant Dies

Though it is more common to see the plaintiff pass away during a personal injury case, that doesn’t mean the same thing couldn’t happen to the defendant in a particularly catastrophic incident.

The following outcomes may occur in such a set of circumstances:

Substitution of the Defendant

Though the death of the defendant complicates the matter, it doesn’t necessarily end it. Instead, the court will usually allow for an amendment to substitute the defendant’s estate for the actual defendant, and the estate becomes the new party in the case.

The substitution ensures the case can continue and that any judgments or settlements will be paid out. If the defendant had no estate or insurance, his or her estate might not be able to collect damages, but the case will still be allowed to proceed through the court system.

The Role of Insurance

The defendant’s insurance is often the main source of the compensation received by the plaintiff. If the defendant dies, the company may continue to handle the claim on behalf of the defendant’s estate. However, because of policy limits, surviving family members might have to make a claim against the estate to recover full damages.

If the defendant held a significant role in a business, corporation, or government entity, it’s possible that the lawsuit may continue and involve his or her legal representatives or insurer.

Impact on Settlement

If the case is still being negotiated, the plaintiff’s legal team will probably work with the deceased’s estate and insurance company to reach a fair settlement. It might take longer, however—and the estate may be resistant to settling, especially when assets are limited or insurance doesn’t cover all the damages.

If Both Parties Die

In rare instances, both parties may pass away before the case has concluded. If that happens, the estates can still pursue claims and mount a defense. The court might appoint legal representatives to handle the matter, and any resolutions will be made through them.

Finding Clarity After a Death in a Personal Injury Case

The death of a party involved in a personal injury case complicates legal actions, but it doesn’t always signal the end of the matter. In many instances, cases can move forward through estates and legal representatives.

Above all, grieving families and estate administrators should make sure they’re represented by personal injury attorneys who are experienced with complexities like these.