The defendant’s dying during your personal injury lawsuit doesn’t stop you from needing compensation. While your case may be temporarily delayed, it shouldn’t disappear altogether, and you may hold the defendant’s estate accountable for the original defendant’s negligence instead.
To do this, our lawyers must file a motion to substitute the defendant. We must know who the deceased defendant’s personal representative is, as they will represent the estate in the case moving forward. Suppose the decedent did not name a personal representative before their death. In that case, we can file a motion to appoint a temporary representative, allowing us to resume your lawsuit as soon as possible. After the judge for your civil case accepts our motion to substitute the defendant, the personal representative will be served, and the lawsuit will continue. The defendant’s dying might complicate and delay your recovery, but it shouldn’t prevent it.
For a confidential and free case discussion with our New York personal injury lawyers, call The Carrion Law Firm at (718) 841-0083.
Does a Case End if the Defendant Dies During a Personal Injury Lawsuit in New York?
Your personal injury lawsuit will not suddenly end if the defendant dies during it, but it may be temporarily disrupted. Since the defendant is no longer living, their estate assumes liability and can become the defendant in the lawsuit.
For that to happen, the defendant’s estate has to enter probate so the court can approve or appoint the personal representative. This person will be responsible for handling the personal injury lawsuit on the estate’s behalf moving forward.
The court will put a temporary stay on your lawsuit during this time, pausing it until we know who the personal representative is.
If the defendant dies without a will that appoints a personal representative, your lawsuit still won’t automatically end. People who die intestate may also leave assets behind that must go through probate, so a personal representative should still be appointed, even if the defendant did not name one in a will before their death. We may have to motion the court to initiate this process and appoint a representative, even temporarily, if the defendant’s survivors don’t do so themselves.
What to Do if the Defendant Dies During a Personal Injury Lawsuit?
Our attorneys know how to respond if the defendant dies during your personal injury lawsuit. There is still a way to obtain the compensation you deserve, even if the defendant is no longer living to be held accountable.
The first thing we will do is motion the court to substitute the defendant to the decedent’s estate. We must file this motion along with the victim’s statement of death, or their death certificate, within a reasonable timeframe. There’s no set timeframe on how long we have to motion the court to substitute the defendant, but you shouldn’t wait to finish this step.
Once the court approves our motion to substitute the defendant, the personal representative of the decedent’s estate must be served. While they are likely aware of the lawsuit, completing this formal process is vital so that the lawsuit may resume. Your lawsuit doesn’t start over, so you don’t have to worry if the three-year personal injury lawsuit statute of limitations has elapsed.
Will a Personal Injury Lawsuit Take Longer if the Defendant Dies During it in New York?
The defendant’s dying during a personal injury lawsuit is very likely to delay the case and the victim’s access to compensation. Probate can be a lengthy process, especially if the defendant left behind debts or other complicates. An estate generally cannot pay or contribute to a personal injury settlement until it has gone through probate, even if some informal settlement is reached out of court.
If the defendant did not name a personal representative before their death, it may take longer to resume your lawsuit, let alone get damages. If you need compensation quickly, we may file a motion to appoint a “temporary administrator” in New York. Otherwise, it may take months for the defendant’s survivors to file the will and even initiate the probate process or get the personal representative confirmed.
While you can expect the defendant’s death to stall your case momentarily, our lawyers can keep prioritizing it so your recovery isn’t unnecessarily delayed.
What Happens to Settlement Negotiations if the Defendant Dies During a Personal Injury Lawsuit?
The defendant suddenly dying during your personal injury lawsuit may feel like a major setback, especially if you are months into settlement negotiations. While there may be somewhat of a delay in your recovering compensation because of the defendant’s death, that doesn’t mean all the progress we’ve made toward a settlement completely disappears.
Although the defendant is substituted from the decedent to their personal representative, the defense attorneys handling the case may stay the same. If we were working towards a favorable settlement, all that progress is not necessarily lost because the defendant died. Our attorneys may resume negotiations from where we left off, and a good settlement may not be far in the future.
A new defendant may have some implications on the settlement, however. For example, although the deceased defendant may have been willing to give a bigger settlement, their personal representative may be unwilling, especially if they are also a beneficiary of the decedent’s will.
Our attorneys can address these situations head-on and explain how the evidence we have regarding the decedent’s liability can meet the standard of proof, should the case proceed to trial. Bringing the personal representative up to speed on the case and the negligent party’s conduct may quickly convince them to give you the settlement you deserve.
We Can Handle Your Personal Injury Case in NY
Call our Syracuse, NY personal injury lawyers at (718) 841-0083 to have The Carrion Law Firm assess your case today.