A lot of times, I am asked, “What happens if someone has a basis for a personal injury claim, but before they start the lawsuit, they pass away?” It could be for reasons related to their injuries or unrelated to their injuries. Sometimes, the person who passes away is a client that I have. We’re getting ready to start the lawsuit, and it happens. This is a tragic event when it does happen. However, it does not mean that whoever is responsible for causing those injuries now gets a pass. The fact that a person dies does not extinguish the claim that that person’s estate or representative can bring on behalf of the person.
If it is a personal injury claim just for injuries that do not result in death, that can be done. If it’s a wrongful death claim, and the person dies as a result of those injuries, that claim can be pursued, as well. It is necessary to have a court-appointed representative, either the administrator or the executor of the estate to serve as the plaintiff in the lawsuit. However, it can get a little complicated if the person is an out-of-state resident. When that person’s representative is appointed in the foreign state and the jurisdiction, you go to local surrogate’s court, and file a petition, and get an order saying this person can now serve as the plaintiff in the lawsuit. The lawsuit can then be filed and proceed just as if the person were still here.
If you are in need of legal counsel in regards to a personal injury in New York, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.