ABA Family Legal Guide

Personal Injury

The Basics of Personal Injury Law

What if a person dies before bringing a personal injury lawsuit?

It depends on whether a person dies as a result of the injuries or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person's heirs may recover money through a lawsuit. Every state has some law permitting an action when someone causes the wrongful death of another. And if a person with a claim dies from unrelated causes, the tort claim survives in most cases and may be brought by the executor or the personal representative of the deceased person's estate or heirs, although the amount that can be recovered may change.