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What Happens If an Accident Victim Dies While Pursuing a Personal Injury Lawsuit?

October 9, 2017/in /by damg20

Life is as precious as it is unpredictable, especially in the modern world. For example, you risk serious injury and even death every time you get behind the wheel of a vehicle.

Because anyone can theoretically die at any time, states have implemented their own laws regarding the death of one party during litigation. If your loved one sustained serious injuries in an accident, filed a claim, and then passed away before the case was resolved, you may be wondering what your family should do next.

Contact Jeffrey E. Estes & Associates to discuss your situation with an injury lawyer in San Diego. We have recovered more than $150 million for our clients in successful settlements and verdicts. Call 855-290-8080 to schedule a free case evaluation at our accident law firm.

What Happens If an Accident Victim Dies While Pursuing a Personal Injury Lawsuit?

According to National Paralegal College, survival of tort action is the continuation of litigation following the death of either the plaintiff or the defendant. Most jurisdictions have implemented statutes that allow for survival of tort actions.

For example, pursuant to California Code of Civil Procedure Section 377.20, a pending legal action will continue following the death of one party if the cause of the action survives; however, it is up to the executor of the estate to bring the relevant motion before the Court in order to continue the proceedings. Although grieving family members can take comfort in the fact that litigation may continue following their loss, it is important to remember that the recoverable damages could be reduced significantly.

In the state of California, for example, cases involving elder abuse are the only ones in which the surviving family members can recover compensation for the deceased’s pain and suffering. Additionally, the deceased’s estate can never recover punitive damages.

If the deceased died as the direct result of injuries for which he or she had already filed a claim, the family will simply proceed with a wrongful death case. If the plaintiff died by some other cause, though, the total damages will stop accruing on the date of death.

That means family members can only pursue compensation that their loved one would have been entitled to had he or she lived. For example, if the plaintiff sustained injuries in a car accident but died of cancer six months later, the family could not recover damages for lost wages or benefits beyond the date of death.

If you recently lost a loved one who had a pending personal injury claim and you are not sure whether you should continue with the claim or file a wrongful death lawsuit, contact Jeffrey E. Estes & Associates. Attorneys Jeffrey E. Estes and Alton J. Smith have been litigating personal injury cases on behalf of California residents for almost three decades.

Call 855-290-8080 to schedule a free consultation at our San Diego accident law firm. You can learn more about wrongful death claims in California by visiting USAttorneys.com.

 

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Our Verdicts and Settlement

Experience matters. Of course, you need a lawyer who knows the law, but you also need someone who has the experience necessary to give informed counsel. Estes and Smith have extensive experience litigating serious injuries and accident claims related to motor vehicle accidents, including but not limited to commercial truck accidents, construction site equipment accidents, tour bus accidents and aviation accidents. They have won substantial settlements and verdicts for past clients.

  • $15 Million

    Negligent design and construction of a freeway interchange.

  • $6 Million

    Settlement to 3 young adults injured in an accident, their vehicle left an unmarked roadway and entered onto a construction site resulting in severe injuries.

  • $2 Million

    $2 Million confidential settlement involving sexual assault by a bus driver on cognitively impaired passengers.

  • $1 Million

    $1 Million settlement with the LACMTA arising out of a bus versus pedestrian accident.

  • $3.5 Million

    Obtained a $3.9 million dollar judgement for client who sustained severe head injuries in a roll over vehicle accident.

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Based on 9 reviews.
Pablo Guevara
Pablo Guevara
2021-06-08
I first retained the services of Jeffrey Estes about 20 years ago. I have referred friends and coworkers to him. They've all been very happy with the outcome due to the great service and the tremendous financial compensation. I highly recommend Jeffery Estes & Associates for your personal injury attorney. Do not settle with insurance companies without Jeffery and his team's representation.
Ana Hribernik
Ana Hribernik
2020-09-15
Jeff made all of the difference on my families case. I can't thank him and his whole team enough for their kindness, hard work and determination to get my case resolved!
Whitney Mason
Whitney Mason
2020-09-04
Jeff was a godsend. Truly thankful for his good work on my case. The whole team there at the office is phenomenal. I couldn't have expected a better result. I can't recommend this firm enough.
Alberto Malave
Alberto Malave
2020-08-20
I had an outstanding experience with Mr. Estes and his whole team. Very professional firm! Compassionate, honest and very reliable. He took great care to thoroughly explain the entire process from start to finish. Highly recommend!!
Stephen Kluthe
Stephen Kluthe
2019-04-22
Had an excellent experience with Jeff. He helped me through a personal injury case that I had where I was injured in a car accident. He did an excellent job preparing me for the trial and representing me. His professionalism is top notch and he's genuinely nice and easy to connect with. He was able to win the case for me and got a judgment much higher than I had even imagined which has been absolutely life changing. I would recommend him to everyone looking for services he provides.
Wayne Mealhouse
Wayne Mealhouse
2019-03-28
Holly Hauske
Holly Hauske
2018-02-07
I'm very pleased with my representation of Attorney Estes! He represented me in a profession manner, and was able to litigate my case out of court. I would totally recommend Attorney Estes should an accident be involved, especially caused by another person and they have done your bodily harm and totaled your vehicle.
Amanda Pentiuk
Amanda Pentiuk
2018-02-07
Mr. Estes is both professional and down to earth. He took the time to explain things to me and was always there when I called. I am forever in debt to him for what he did for me winning my automobile accident lawsuit. The compassion that he showed for me made me feel like I was part of his family and I cannot say enough good things about him both as a human being and an attorney.
Dee Branch
Dee Branch
2017-06-06
Attorney Estes was very helpful and knowledgeable in giving me details about my case. He handled it personally and got me what i felt i deserved. Highly recommend hiring this attorney if you want one that will take your case personally and be with you every step of the way!

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