If someone you love has been injured in an accident, you may be wondering what will happen to the lawsuit after the plaintiff passes away. In most cases, a wrongful death suit is filed by the person’s estate or family member. But what if this isn’t possible? What if someone dies before their case can be finished? In these circumstances, there are two options: either file an amended complaint or settle without having completed the original lawsuit.
When a plaintiff passes away before their lawsuit is finished, the family members can continue to pursue justice for the victim. The surviving family members can hire an injury attorney in Kingston to represent them in court and help them with any legal matters that come up during the process.
In some cases, it’s possible for a family member who isn’t directly involved in bringing about legal action against another individual or group of individuals (such as insurance companies) but who has been affected by what happened.
People Who Can File a Wrongful Death Lawsuit
If you are the surviving spouse, child or other relative of a deceased person who was killed by someone else’s negligence, you may be able to file a wrongful death lawsuit. The executor of the estate—the person who handles all financial affairs after someone dies—is considered an administrator for this purpose.
If there is no executor or administrator yet appointed, then it can still be possible to file suit on behalf of yourself as well as your family members who are still alive at this point in time (although they will likely have their own legal needs).
What If I Pass Away Before My Injury Lawsuit is Finished?
As a reminder, if you pass away before your injury lawsuit is finished and settled, it will be in the name of your estate. Your heirs can still pursue the case and hire a lawyer to continue it after your death. The only thing that changes if you die is who gets paid for damages caused by negligence or other wrongdoing on behalf of someone else (your heirs).
Secure legal help
In these cases, it’s important to secure legal help as soon as possible. You’ll want to make sure that you have a lawyer who is experienced in dealing with wrongful death cases and knows how to better prepare you for the lawsuit process.
Finding a qualified attorney can be difficult if you don’t know where to start looking or what questions they should ask when interviewing them. It’s best if you find an experienced attorney who specializes in personal injury law—they will be able to give advice about which type of case would be ideal for your situation based on what happened and how much money there is at stake (and whether or not insurance companies are likely going after their assets).
They may also be able to help guide you through the process of filing a claim so that it gets done quickly instead of dragging out indefinitely like some people fear might happen later down the line due partially just because of how much time has already passed since damage was done by accident.