What Happens to a Personal Injury Case if You Die Before It’s Settled?
🧾 Scenario A: You Die from Your Injuries (Wrongful Death)
If your death was caused by the same injury involved in the lawsuit:
- Your case may convert into a wrongful death claim
- Your spouse, children, or estate can pursue compensation for:
- Loss of income
- Funeral and burial costs
- Medical expenses
- Loss of companionship or parental guidance
- Pain and suffering (in some states)
➡️ Handled by: A surviving family member or court-appointed personal representative
📜 Scenario B: You Die from Unrelated Causes
If your death is unrelated to the injury:
- The case becomes part of your estate’s legal matters
- Your estate can pursue any damages you would have received, such as:
- Medical expenses
- Lost wages (up until your death)
- Pain and suffering (depending on state law)
- Any award goes to your beneficiaries or heirs via your will (or state intestacy law if no will)
➡️ Handled by: Your executor or estate representative
🧠 Important Notes
| Topic | Detail |
|---|---|
| Time limits | Deadlines (statutes of limitation) still apply |
| State laws vary | Some states limit damages after death |
| No punitive damages | Some states don’t allow them if the injured person dies before trial |
| Survivorship claims | Allow your estate to finish the claim you started before death |
✅ What You Should Do (Now)
- Create a will that names an executor
- Let your attorney know who should act on your behalf if needed
- Consider naming a family member or legal representative in advance
- Ask your attorney if the claim type would convert to wrongful death