[[{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question","text":"The good news is that it\u2019s still possible to seek compensation. However, doing so will involve a few more steps. This is because you will effectively be seeking compensation from the deceased person\u2019s estate. To get money from an estate, the estate must first go through a process known as \u201cprobate.\u201d","@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Answer"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question1","text":"In most cases, the right to proceed with your claim will pass to your estate. When this happens, the personal representative who administers your estate will be able to file and settle the claim on your behalf.","@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Answer1"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question2","text":"If the plaintiff in a civil lawsuit dies before the case is settled, the court will usually put the lawsuit on a temporary hold.  This temporary pause is intended to give the probate court the time it needs to appoint a personal representative for the deceased plaintiff\u2019s estate. As soon as a personal representative is appointed, the representative can continue with the civil lawsuit on behalf of the plaintiff\u2019s estate.","@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Answer2"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question3","text":"In this case, that person\u2019s surviving family members would have grounds for a survival action on behalf of the deceased. If successful, they could recover compensation for losses incurred up to the plaintiff\u2019s death. However, the estate would not have grounds for a wrongful death lawsuit in this case.","@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Answer3"},{"@context":"http:\/\/schema.org","@type":"Answer","name":"Answer Question4","text":"When this occurs, the defendant can be held liable for both the injuries they caused the plaintiff as well as the losses the plaintiff\u2019s family members incurred due to their loved one\u2019s death.","@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Answer4"},{"@context":"http:\/\/schema.org","@type":"Answer","text":"If the defendant in a civil lawsuit dies before the case is settled, the court will place a temporary hold on the lawsuit just like it would if the plaintiff died.  During this temporary hold, surviving family members of the deceased defendant must complete the process of probate in court. Once a personal representative is appointed to administer the defendant\u2019s estate, the plaintiff can proceed with a lawsuit against the estate.","name":"Answer Question5","@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Answer5"},{"@context":"http:\/\/schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Does My Injury Claim End If the At-Fault Person Passes Away?","acceptedAnswer":{"@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Answer"},"@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Question"},{"@type":"Question","name":"What If I Die Before My Case Is Resolved?","acceptedAnswer":{"@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Answer1"},"@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Question1"},{"@type":"Question","name":"What Happens When a Plaintiff Dies Before Settlement in a Civil Lawsuit?","acceptedAnswer":{"@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Answer2"},"@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Question2"},{"@type":"Question","name":"What If the Plaintiff Dies for Reasons Unrelated to the Personal Injury Case?","acceptedAnswer":{"@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Answer3"},"@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Question3"},{"@type":"Question","name":"What If the Plaintiff Dies as a Result of the Defendant\u2019s Wrongful Conduct?","acceptedAnswer":{"@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Answer4"},"@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Question4"}],"name":"What Happens If Someone Dies While They Have a Lawsuit Pending","@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#FAQPage"},{"@context":"http:\/\/schema.org","@type":"Question","acceptedAnswer":{"@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Answer5"},"name":"What Happens When a Defendant Dies Before Settlement in a Civil Lawsuit?","@id":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#Question5"}],{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.truittlawoffices.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Happens If Someone Dies While They Have a Lawsuit Pending?","item":"https:\/\/www.truittlawoffices.com\/blog\/if-someone-dies-lawsuit-pending\/#breadcrumbitem"}]}]