What Happens to a Personal Injury Lawsuit When the Plaintiff Dies? in Dallas
This misconception about personal injury cases ends when a person dies is the number one one we see when we meet new clients.
So, what happens to a personal injury lawsuit when the plaintiff dies? It’s actually something that happens on an almost daily basis in Dallas courts. A Dallas personal injury case can survive the death of the plaintiff if the family knows to ask the right questions at the right time. Texas law specifically allows for personal injury lawsuits to survive the death of a plaintiff as long as there are estate representatives or family members who want to pursue the claim. We often say the court doesn’t want any claim to be buried just because the injured person died.
Here’s what actually occurs. A personal injury lawsuit, or any civil lawsuit for that matter, abates when the plaintiff dies. “Abate” is basically legal jargon for “stop” or “pause”. But don’t worry, the lawsuit doesn’t die. It only pauses temporarily. A new party steps in to take over the case, and the case resumes.
However, an abated lawsuit can only stay paused for a short period of time. If there is no one who is willing to step up and continue the case within a reasonable time from the time of death, the court will dismiss the case for want of prosecution. That’s why the timing of reaching out to an attorney following a loved one’s death cannot be overstated. We have dealt with several situations where a Dallas family had a completely valid lawsuit, but they waited several years before realizing that they could do anything.
So, in general, when can a personal injury lawsuit continue after someone dies in Texas? Well, that new party who is replacing the original plaintiff will have to be the administrator or executer of the decedent’s estate. Usually, it’s the executor appointed in the decedent’s will or the person appointed by a Dallas County probate court if there is no will or if the executor appointed in the will is unable to handle the estate. This person will then have the authority to continue the personal injury lawsuit on behalf of the decedent’s estate.
Here is an example of a real life scenario. A man who is a resident of Dallas has been severely injured in a car crash that was caused by the negligent actions of another. So, he files a lawsuit for personal injury against the man at fault. Six months later, the decedent passes away due to unrelated causes. His adult daughter is now living in Oak Cliff. She is able to file a petition with the Dallas courts requesting that she be appointed as the personal representative of her father’s estate. She also asks the court to approve her appointment of counsel to represent her as she continues her father’s personal injury lawsuit. She has a legal right to continue his lawsuit because he has suffered personal injury, has incurred medical expenses, and has lost wages that were affecting the family, but he just died.
However, there is an often overlooked detail about these post-death personal injury lawsuits.
The decedent’s personal injury lawsuit can transform into a personal injury lawsuit and a wrongful death lawsuit. While his original personal injury lawsuit will survive as a “survival action,” the decedent’s estate will now only recover the pain and suffering and damages the decedent sustained before he passed away. A separate wrongful death claim can now be brought in the Dallas courts as well, but this claim is different in that now the family is seeking the compensation for loss of love, companionship, society, and mental anguish, as well as loss of income for the future. Both of these claims are covered under Texas Civil Practice and Remedies Code, Chapter 71.
In the real world, things can get complicated.
Sometimes the death is completely unrelated to the injury. Other times, the injuries from the original accident actually caused the death. These are important distinctions because if the original injuries from the accident caused the death, the personal injury case can now expand into a wrongful death suit, which can mean more potential damages.
Many families in Dallas come to us unaware of the distinction between these two legal avenues. There is a misunderstanding that a single lawsuit addresses every aspect of the tragedy; in reality, this is not the case. Failing to pursue both claims leaves the deceased’s survivors deprived of compensation to which they are fully entitled.
This is information your opponent, their insurance company, is likely already familiar with. Confusion works to their benefit. They are banking on your shock and inability to take the necessary legal steps immediately following your loss. In many instances, insurance companies aim to propose a settlement shortly after the incident occurs, hoping to close the case quickly before a family realizes their full legal standing.
### Do not allow this to occur.If this is the situation you are currently facing, the the most important thing you can do is to seek legal representation before any time limitations have elapsed. A Dallas County attorney will be able to determine whether your situation involves a wrongful death lawsuit, a survival action, or both. They will be able to that the probate is conducted properly as well.
It really is as straightforward as this. The fact of a death does not nullify a justice system. There is a possibility for the personal injury suit that your loved one had in hand to go on and to punish the negligent party. The laws of Texas were created with this specific case scenario in mind, as well as many others just like it. These laws only exist for the purpose of protecting families and the survivors if someone has the initiative to make them a reality.
If your loved one died having been in the middle of a personal injury suit, our Dallas personal injury lawyer will be able to help you sort through your next steps. No sales pressure, only answers when you need them most.
What’s Covered on This Page
- Texas Survival Actions Enable the Estate To Pursue the Original Lawsuit
- Can a personal injury lawsuit continue after the plaintiff dies in Texas?
- Who can take over a personal injury lawsuit after someone dies in Dallas?
- What is the difference between a survival action and a wrongful death claim in Texas?
- Is there a common mistake Dallas families make after a loved one dies during a lawsuit?
- Can an insurance company settle a case quickly after a plaintiff dies in Dallas?
- Does it matter if the death was caused by the original injury or something unrelated?
Need what happens to a personal injury lawsuit when the plaintiff dies??
Call now for a Free Case Evaluation. Call The Davis Law Firm now.
Texas Survival Actions Enable the Estate To Pursue the Original Lawsuit
The thing that the majority of people do not know is that the personal injury suit doesn’t disappear after the victim’s passing. Through a tool called a survival action, Texas law actually gives the estate the ability to pick up right where their loved one left off.
Unlike a new lawsuit, the survivor action simply continues the existing personal injury claim that the plaintiff had filed at the time of their death. The survivor action continues to use the same facts, the same injuries, and sues the same defendant, with the appointed personal representative taking over as the plaintiff.
The survival action has a lot in common with a relay race; there is simply a different person holding the baton and running the race, on the same track.
Survival actions are governed by Section 71.021 of the Texas Civil Practice and Remedies Code, which states that most causes of action based on personal injury do not die with the person they occurred to. A survival action allows the estate of the plaintiff to recover compensation for the same damages as were allowed if the plaintiff had survived.
The surviving plaintiff could have recovered medical costs incurred by the personal injury, wages lost from the time of the injury to the time of the deceased’s death, pain and suffering for the period of time that the deceased endured before the date of death, and any damage to property that might have resulted from the personal injury. These can all be recovered through the survival action within Dallas County courts.
However, it is important to remember that the survivor’s only covers what the deceased plaintiff may have recovered for damages if they were still alive. It cannot include any damages for the grief or loss that may be felt by survivors.
This is something we see all the time in our practice.
Families may assume there is only one type of lawsuit to handle the death of their family member, and this is not the case at all. A wrongful death action and the survival action are two distinct tools available to the survivor. They can often run concurrently, but they are used to address different issues.
Frequently Asked Questions
Common questions about what happens to a personal injury lawsuit when the plaintiff dies? services in Dallas
Can a personal injury lawsuit continue after the plaintiff dies in Texas?
Yes, a personal injury lawsuit can continue after the plaintiff dies in Texas. The case pauses — or “abates” — but it does not end. A family member or estate representative can step in and keep the case going. Texas law under Chapter 71 of the Civil Practice and Remedies Code allows this. Time matters though. If no one steps up quickly, a Dallas court can dismiss the case. Talk to a Dallas personal injury lawyer as soon as possible after a loved one’s death.
Who can take over a personal injury lawsuit after someone dies in Dallas?
The person who takes over must be the executor or administrator of the deceased’s estate. In Dallas, that could be the person named in the will. If there is no will, a Dallas County probate court appoints someone. That person then has the legal authority to continue the lawsuit on behalf of the estate. For example, an adult child living in Oak Cliff could petition the Dallas courts to be named personal representative and take over the case.
What is the difference between a survival action and a wrongful death claim in Texas?
A survival action keeps the original personal injury lawsuit alive after death. It covers damages the person suffered before they died, like medical bills and lost wages. A wrongful death claim is separate. It covers what the family loses — like companionship, love, and future income. Both claims can be filed at the same time in Dallas courts. Many families do not know they may qualify for both. Missing one of these claims can mean leaving real compensation behind.
Is there a common mistake Dallas families make after a loved one dies during a lawsuit?
Yes — waiting too long is the most common mistake we see. Many Dallas families assume the lawsuit dies with their loved one. It does not. But if no one acts quickly, the court can dismiss the case for inactivity. Some families wait years before learning they had a valid claim. By then, it may be too late. Our Dallas personal injury lawyer page explains both survival actions and wrongful death claims so you can understand your full legal options right away.
Can an insurance company settle a case quickly after a plaintiff dies in Dallas?
Yes, and that is something to watch out for. Insurance companies often reach out shortly after a death hoping to close the case fast. They know the family is grieving and may not understand their full legal rights. A quick settlement may not cover everything the family is entitled to under Texas law. Before signing anything, speak with a Dallas attorney who can review whether a wrongful death claim, a survival action, or both apply to your situation.
Does it matter if the death was caused by the original injury or something unrelated?
Yes, it matters a lot. If the death was caused by something unrelated to the injury, the original lawsuit continues as a survival action. If the original injuries actually caused the death, the case can expand into a wrongful death lawsuit. That can mean more damages for the family. Dallas courts handle both types of cases, but the legal steps are different. An attorney can help you figure out which path applies to your specific situation.
Ready to Get Started?
Call now for a Free Case Evaluation Call (972) 426-8388 today.