What Happens to a Personal Injury Claim When the Victim Dies?

A personal injury claim does not simply end when the victim dies. When a person dies while pursuing a personal injury claim, Texas law allows the legal process to continue through the person’s estate. In some circumstances, surviving family members may also have the option to bring a wrongful death claim.

Understanding what legal options are available can help families determine the best course of action followed the loss of a loved one.

Does a Personal Injury Claim End When Someone Dies?

Generally, the death of an injured person does not automatically eliminate a personal injury claim.

If a person had a valid personal injury claim before their death, certain claims may survive their death and can be pursued by their estate. In these circumstances, the personal representative of the estate may step into the deceased person’s place and continue the legal action.

This can apply whether the person died before filing a lawsuit or while an existing lawsuit was pending, although the specific legal procedures can vary.

For example, imagine a person is seriously injured in a car accident and begins pursuing a personal injury claim. If that person later dies from an unrelated cause while the claim is pending, the claim may continue through the person’s estate.

However, if the person dies because of the injuries caused by the accident, the situation can involve additional legal claims.

What Happens If the Victim Dies From Their Injuries?

When a person dies as a result of injuries suffered in an accident, the case may involve both a claim belonging to the deceased person’s estate and a wrongful death claim brought by certain surviving family members.

The first claim, a survival claim, allows the estate to pursue certain claims the deceased person could have pursued had they survived. Depending on the circumstances, damages may relate to the deceased person’s injuries, medical expenses, pain and suffering, and other losses occurring before death.

A wrongful death claim, on the other hand, is intended to compensate eligible surviving family members for losses resulting from their loved one’s death.

Whether both types of claims are available depends on the circumstances of the case, but there are many instances in which both can be filed at the same time.

What Is a Survival Action?

A survival action allows certain claims belonging to a deceased person to continue after their death.

Instead of the claim disappearing when the injured person dies, the claim can become part of the deceased person’s estate and may be pursued by the estate’s legal representative.

For example, suppose someone suffers serious injuries in a truck accident and survives for several weeks before dying from those injuries. The person’s estate may be able to pursue damages associated with the injuries and losses the person experienced before death.

The damages available in a survival action can depend on the facts of the case and the applicable Texas law.

Who Can Continue a Personal Injury Claim After the Victim Dies?

A deceased person’s personal injury claim generally becomes an asset of the estate. The estate’s personal representative may be responsible for pursuing the claim. That representative could be an executor, administrator, or another person legally authorized to act on behalf of the estate.

Family members should not assume that they can simply take over the deceased person’s personal injury lawsuit themselves. The appropriate person to continue the claim may depend on the deceased person’s estate and whether a personal representative has been appointed.

It is important to note that this is looking solely at the deceased victim’s own personal injury claim. Family members are open to pursue a wrongful death claim alongside the deceased person’s existing personal injury claim.

What Happens to a Personal Injury Lawsuit That Is Already Filed?

If the injured person dies while a personal injury lawsuit is pending, the lawsuit does not necessarily end automatically.

The court may need to be notified of the death, and the appropriate representative of the estate may need to be substituted into the case.

The defendant may also continue defending against the claims. The death of the plaintiff does not automatically establish liability or guarantee that the estate will recover damages.

The case will generally continue based on the evidence, applicable law, and circumstances surrounding the accident and the person’s death.

What If the Victim Dies From an Unrelated Cause?

A personal injury claim may still survive when the injured person dies from a cause unrelated to the accident.

Let’s say someone suffers injuries in a car accident and files a personal injury claim. Months later, while the case is still pending, the person dies from an unrelated medical condition.

The death does not necessarily erase the person’s existing legal claim. Instead, the claim may continue through the estate.

The circumstances surrounding the death can still be important, however, particularly when determining which damages may be available and who has authority to pursue the claim.

Can the Family File a Wrongful Death Claim?

Yes. If the person’s death was caused by another person’s negligent or reckless behavior, the person’s family is certainly able to pursue a wrongful death claim. But this is different from simply continuing the deceased person’s personal injury claim.

A survival action generally concerns claims and damages belonging to the deceased person and their estate. A wrongful death claim concerns losses suffered by eligible surviving family members because of the death.

Depending on the circumstances, both claims may arise from the same accident.

For example, if a person is killed in a fatal car accident caused by another driver’s negligence, the estate may have claims related to the deceased person’s injuries before death, while eligible surviving family members may have a wrongful death claim for losses resulting from the death.

What Damages May Be Available?

The damages available depend on the type of claim and the circumstances of the case.

A survival claim will involve damages associated with the deceased person’s injuries and losses before death. These can include:

• Medical expenses
• Lost income
• Physical pain and suffering
• Mental anguish
• Other damages that the deceased person could have recovered had they survived

A wrongful death claim involves losses suffered by eligible surviving family members. Depending on the circumstances, these may include losses such as:

• Loss of financial support
• Loss of services
• Loss of companionship and society
• Mental anguish
• Other damages allowed under Texas law

The specific wrongful death damages available can depend on the facts of the case and the applicable law.

Does It Matter Whether the Person Died Before or After Filing a Lawsuit?

The timing of the death can affect how the case proceeds, but a person does not necessarily have to file a lawsuit before death for a claim to potentially survive.

If the person had a valid personal injury claim when they died, the claim may be pursued by the estate.

If a lawsuit was already pending, the court may need to make procedural changes to reflect the person’s death and the involvement of their estate representative.

Because deadlines can apply to personal injury and wrongful death claims, families should avoid assuming that they have unlimited time to determine what legal action to take.

What Should You Do If Someone Dies While Pursuing a Personal Injury Claim?

If a loved one dies while pursuing a personal injury claim, the family should work with an attorney to determine what claims may survive and whether additional claims may be available because of the death.

Important steps may include:

1. Determine whether the death was related to the accident. This can affect whether a wrongful death claim may be available in addition to a survival claim.
2. Identify the deceased person’s estate representative. The estate’s personal representative may be responsible for continuing the deceased person’s personal injury claim.
3. Preserve medical and accident records. Medical records, accident reports, photographs, witness information, and other evidence may remain important to the case.
4. Review applicable deadlines. Different types of claims can have different filing deadlines.
5. Speak with an experienced personal injury attorney. An attorney can evaluate the circumstances of the accident and death and determine which claims may be available.

Talk to a Texas Wrongful Death Attorney

Losing a loved one while a personal injury claim is pending can make an already difficult situation more complicated. The claim may not simply disappear, but determining what happens next can depend on the circumstances of the injury, the cause of death, the status of the claim, and the deceased person’s estate.

If your loved one died after being injured in an accident, an attorney can help you understand whether the personal injury claim can continue and whether a wrongful death claim may also be available.

Thomas J. Henry Law represents injured people and families throughout Texas. Contact our firm to discuss your potential case and learn more about your legal options.