What happens if a victim loses their life after filing their claim?
October 26, 2023

What happens if a victim loses their life after filing their claim?


When the victim of a personal injury accident dies after having filed a claim, it can be difficult to think about what will happen to the legal case and the compensation deserved to get justice for the case. Here, we tell you what some of the complexities of these types of cases are and what you can do about it if a loved one goes through this.

First, it is essential to understand that the claim itself does not disappear or become invalid just because the claimant has lost his or her life. Rather, it continues its course within the legal system. However, the question now is: who will be in charge of continuing the process? Typically, the answer lies with the designated legal representative of the person who died, who often acts as executor or administrator of the deceased’s estate.

An adjustment to the claim may be necessary to include the death of the victim and any additional expenses or damages that have arisen as a result of the accident. A loved one representing the claimant can then take the responsibility of pursuing the claim to recover the compensation the case deserves. This compensation may include not only medical expenses, but also funeral costs generated after the death of the victim.

In addition to the personal injury claim, one may even see the option of a wrongful death claim. When a personal injury causes death, surviving family members or beneficiaries can file this type of claim to seek compensation for the profound loss and suffering they have experienced.

As for the legal process, this can take different paths, depending on the stage the claim was in when the victim died. If settlement negotiations were already underway, they would continue with the claimant’s loved one or legal representative. The judicial process continues if the claim has had to go to trial.

In conclusion, the death of a plaintiff in a personal injury case who loses their life shortly after beginning the claim process can be quite complex. Therefore, it is recommended to seek the support of a personal injury attorney who can help you understand these complexities and fight for the compensation your loved one is entitled to.