A Dead End? Filing a Lawsuit where one Party is Deceased.

Imagine you are driving home from work and you are struck by another driver. You are injured and incur significant medical bills that you cannot afford. You want to sue the other person for damages as a result of their reckless driving; however, the individual who you want to sue has died weeks after the accident from an unrelated heart attack. What happens??

While you cannot directly file suit against an individual who is deceased, you can still pursue legal recourse against his/her estate. An estate would first have to be opened in Probate Court.

Similarly, if a loved one is killed in an accident that does not mean that you are unable to file suit against the person that may have caused his/her death. In such an event, you can file a wrongful death suit on behalf of your loved one in order for that person’s heirs to be compensated for his/her death. This type of lawsuit requires the appointment of a Special Administrator by the court who can pursue the litigation. 

If you are concerned about a potential legal matter in which one of the parties is deceased, we would be happy to answer any questions you may have!