The lawsuit would often continue on. Generally, an administrator for the estate would step in for the deceased in a California lawsuit. The person might be an executor or personal representative named in a will or could be assigned by the court.

If the lawsuit was over a personal injury accident, and the victim dies from the injuries suffered, i.e., from car accident injuries, the case may become a Wrongful Death Claim. A family member, such as a spouse or an adult child of the victim, or an executor, would usually represent the entire family in such a case. A California wrongful death attorney could also take over the proceedings and represent the family.

How Does a Lawsuit Continue If a Plaintiff Passes Away?

A personal representative for the deceased victim would often continue the litigation through something called a “survival action.” It’s a claim that, in a way, continues the lawsuit filed to seek damages for everything the victim went through up until death.

That can mean seeking compensation for the medical bills the victim had and the lost income the victim suffered while having to miss work. The pain and emotional trauma the accident caused the victim might also be compensated.

A judgment in the case would first go towards paying the bills and debts the deceased left behind. Then the remaining money would be distributed to eligible heirs.

A skilled wrongful death lawyer can help executors and family members file a survival action and earn justice. A Maison Law attorney would fully investigate the accident so that an insurer couldn’t try to twist the facts to shift blame or get away with offering far less than families need to rebuild their lives.

How Does a Wrongful Death Claim Work?

It’s not uncommon for a plaintiff seriously hurt in an accident to pass away while trying to sue for injury support. Once the victim has passed away, the remaining family members can file a wrongful death claim against anyone who contributed to the fault in the accident.

This wrongful death claim may replace the existing lawsuit the victim has filed, or it may exist alongside the previous lawsuit.

Generally, one of these family members would be filing a wrongful death claim on behalf of the rest of the family.

• A spouse or registered partner of the victim
• A child or stepchild of the victim
• If there is no spouse or children, a parent or sibling of the victim may file a claim

Families in mourning would need to ask for several types of compensation to help them avoid financial turmoil now and in the years ahead.

• Families should receive help in paying any funeral and burial costs
• Families should have the money to pay for leftover medical bills
• Families must not be made to worry about replacing the income the victim would have continued to support loved ones with
• Families should receive support for the guidance and love that’s been lost now and in the future.
• Families should receive support for the life experiences that have been taken from them. That includes having a loved one at major life events like graduations, marriages, and the birth of grandchildren.
• Parents should receive support if they lose a child in a terrible accident that could have been prevented. They should secure support for the love and companionship that’s been lost in the future.

For more information about the claims process, families can visit our page on Wrongful Death in California.

Contact a Wrongful Death Lawyer Serving Families in California

Wrongful death claims can quickly become complex matters for families. It’s a difficult period for everyone left behind, but families must look out for their future and take action to hold those found at fault financially responsible. Maison Law is often able to secure much more in support for families than they could hope to secure on their own.

Maison Law offers free case reviews to all California family members. Your consultation is free and always confidential. If you need us, we want to handle your case with as little disruption to your grieving family as possible.

We also don’t want families worrying about how they’ll find the money to hire a lawyer. If you require our help to seek justice, we don’t charge anything unless the case is successful. Then our fee comes out of the settlement check that an insurance company is forced to provide to your family.