Although it’s not that common, sometimes in a lawsuit that is pending, the person you have sued, known as the defendant, may die or the plaintiff or any other party in the lawsuit may pass away. However, that does not mean that the lawsuit goes away and there is no claim anymore. What it does mean though is that the court will stay the proceedings; they will put a hold on the proceedings until someone is substituted in, a representative of the estate or someone else appropriate to either represent the plaintiff or the defendant in the lawsuit. Then the lawsuit will continue just the same as it was always going to. You are able to sue someone’s estate after they pass away and therefore; your case is still just as plausible as it was prior to their death.
If the person you are suing dies, it is important that you receive a death notice from a representative of that person so you can become aware of the circumstances. The executor of that person’s estate still has control over their finances and therefore, can still pay you any settlement money that may be owed to you after the case comes to a conclusion. The case will still go on as planned after the death of the party you are bringing a lawsuit against. It can be an unnerving situation when someone you are suing dies but we have experience with situations like this and can help you every step of the way.
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.