Can A Lawsuit Be Refiled As Wrongful Death After The Plaintiff Passes Away?
Yes, a personal injury lawsuit can be refiled as a wrongful death claim if the plaintiff later dies from injuries caused by the accident. In such cases, the court appoints a personal representative through probate or formal court authorization. That representative terminates the personal injury claim and initiates a wrongful death action through an amended pleading within the existing lawsuit.
At Todd Miner Law, our personal injury attorneys gather medical bills, autopsy reports, treating physician testimony, and treatment timelines to establish a direct link between accident-related injuries and the plaintiff’s death. We also consult leading medical specialists and accident reconstruction experts to establish causation and pursue maximum compensation on your family’s behalf. Contact us now for a free consultation.
Who Has the Legal Authority to Pursue the Case After Plaintiff’s Death?
After the plaintiff’s death, the deceased person’s estate representative has the legal authority to pursue the wrongful death case. This representative is either an executor named in a valid will or an administrator formally appointed by the court. If there is no formal estate, courts may authorize the decedent’s successor-in-interest (a surviving spouse or lawful heir) to continue the legal action.
To grant this authority, Florida courts follow a formal legal process that involves the following steps:
- File a suggestion of death with the court to formally notify all parties of the plaintiff’s demise.
- Initiate or confirm probate proceedings to establish the deceased’s estate, if required.
- Obtain a court appointment of the personal representative or authorization of a successor-in-interest.
- File a motion for substitution to replace the deceased plaintiff with the estate representative.
- Submit supporting legal documents, including death certificates and probate court orders.
However, this substitution process only applies if the plaintiff’s death is not caused by the accident. In that situation, the estate’s personal representative can continue the personal injury claim and recover damages for pre-death losses. On the other hand, if the victim dies as a result of accident-related injuries, the estate’s personal representative must pursue a separate lawsuit for wrongful death through an amended complaint. This complaint formally ends the pending personal injury case and initiates a new wrongful death cause of action in the same court case.
Which Legal Doctrines Allow A Case to Proceed When A Plaintiff Dies?
Florida Survival Action Statute (§46.021) and Florida Wrongful Death Act (§768.16–§768.26) allow a case to proceed after a plaintiff’s death. Under the survival statute, the decedent’s estate can pursue claims for losses suffered before death, including medical expenses and lost wages. In contrast, the wrongful death act allows them to recover compensation for damages caused by the death, including funeral and burial expenses, lost financial support, and emotional distress.
In addition, Florida Rule of Civil Procedure 1.260 applies to the process for substituting a party who dies during litigation. This rule allows the court to substitute the deceased plaintiff with the estate’s legal representative, allowing the case to proceed despite the plaintiff’s death.
How Does A “Suggestion Of Death” Affect The Lawsuit Timeline?
A suggestion of death can pause discovery, motion practice, and trial proceedings by initiating a mandatory 90-day substitution phase. During this period, the estate’s representative or another party must file a motion for substitution. If they fail to follow this step, the court may dismiss the lawsuit. However, the dismissal may be delayed if the case involves procedural issues, such as a failure to notify all required parties.
Are There Time Limits for Amending a Case After a Plaintiff’s Death?
No, there are no fixed statutory deadlines for amending a case after a plaintiff’s death. However, the estate’s personal representative must follow court scheduling orders, motion deadlines, and trial calendars. If a representative misses these deadlines, the court may deny permission to amend the case, especially if the delay causes scheduling disruption.
While the amendment process itself has no set deadline, Florida law still requires the deceased plaintiff’s estate to follow:
- A two-year statute of limitations from the date of death for filing a wrongful death lawsuit.
- The 90-day substitution deadline after filing and serving a suggestion of death.
To avoid late filings and procedural errors, consult our attorneys at Todd Miner Law. Our experienced wrongful death attorneys use advanced deadline-tracking systems, litigation calendars, and case management tools like CloudLex to manage substitution deadlines, probate coordination, and statute-of-limitations requirements. Our strategic approach helps avoid procedural dismissals while ensuring your family receives the maximum compensation possible.
How Do Choice-Of-Law Rules Affect A Wrongful Death Amendment?
Choice-of-law rules determine which state’s wrongful death law applies for amending a case after the claimant’s death. In Florida, courts do not automatically follow Florida law only because the deceased was a Florida resident. Instead, they examine which state has the strongest connection to the events that caused the death. This analysis focuses primarily on the location of the negligent conduct and the fatal crash. If another state has a closer relationship to the fatal accident, that state’s wrongful death laws will apply to the amended claim, even if the case continues in Florida.
Can The Defense Argue That The Death Was Unrelated To The Accident Injuries?
Yes, the defense can dispute the causation of death to minimize your family’s financial compensation. In such cases, they may claim that pre-existing medical conditions caused the death rather than the car accident. They may also argue that the collision was not severe enough to cause fatal injuries.
Here are some other tactics defenses use to dispute the causation of death:
- Question the timing of death to argue that it occurred long after the accident.
- Rely on autopsy interpretations that attribute death to disease, toxicity, or natural causes.
- Hire independent medical experts to dispute the treating physicians’ conclusions on the cause of death.
- Blame the delayed emergency response as the cause of death instead of the accident.
- Claim that the plaintiff’s failure to follow medical advice resulted in their death.
What Evidence Do You Need To Prove The Death Was Caused by Crash Injuries?
Autopsy reports, death certificates, medical records, witness statements, and police reports can help establish a link between the crash-related injuries and the decedent’s death. Other than that, accident scene photographs, reconstruction reports, surveillance recordings, or EDR data can also help prove the severity of the impact and link the crash to the fatal injuries.
If a Plaintiff Passed Away During a Lawsuit, Todd Miner Law Can Help You Pursue a Wrongful Death Claim — Call Us Now!
If your loved one died after struggling with injuries from a car accident, pursuing rightful compensation can become challenging. In such situations, you must determine whether the case proceeds as a survival claim or wrongful death action. You also have to meet strict filing deadlines and counter insurance company tactics.
With an AV Preeminent® Rating from Martindale-Hubbell, our personal injury lawyers at Todd Miner Law bring 32 years of local courtroom experience. Whether your loved one’s accident occurred near Highway 50 in Clermont, along Interstate 4 in Orlando, or in the Sanford area, our team manages legal deadlines and pursues litigation strategically to secure maximum compensation. Call 407-894-1480 or visit 915 Outer Rd, Orlando, to consult our experienced lawyers.
FAQs
How Long Does a Wrongful Death Suit Last After a Car Accident?
A wrongful death case generally takes between 1 and 4 years to resolve. However, some cases may settle within a few months if there are no liability or damages-related disputes. Additionally, factors such as case complexity, negotiation speed, court scheduling, and probate proceedings can affect the overall timeline for a wrongful death settlement.
Do Civil Liabilities Survive After the Defendant Dies?
Yes, civil liabilities survive after a defendant’s death. Under Florida’s Survival Statute §46.021, a cause of action does not end if the negligent party dies. Instead, the claim continues against the deceased defendant’s estate through its appointed personal representative. As a result, the plaintiff can still seek compensation for the losses caused by the other party’s negligence.
Does the Lawsuit Automatically End When the Plaintiff Dies?
No, a civil lawsuit does not automatically end when the plaintiff dies. Instead, the court typically pauses the case while it determines who has legal authority to continue the action. Then, the lawsuit may proceed as either a survival action or a wrongful death claim, depending on the cause of death.
What Is “Substitution of Parties,” and Why Is It Required?
Substitution of parties is a legal procedure that allows the court to replace deceased plaintiffs and defendants with a legally authorized representative. It allows legally surviving claims to proceed without dismissal despite the injured person’s death. To initiate this process, you must file a suggestion of death, followed by a motion for substitution.
Can the Defendant Use the Plaintiff’s Death to Get the Case Dismissed?
Yes, a defendant may attempt to use the plaintiff’s death to seek dismissal of the lawsuit. However, this only occurs when the plaintiff’s family or estate fails to follow the required procedural steps. For example, if they don’t file a suggestion of death or motion for substitution, the defendant may ask the court to dismiss the case.
Can the Lawsuit Be Transferred to Another Court After the Plaintiff Dies?
Yes, a lawsuit can be transferred to another court after the claimant dies. After recognizing the estate’s legal representative, the court may transfer the case if the estate or heirs are located in another jurisdiction. In these situations, the case continues from the same stage before the plaintiff passed away.
Do All Heirs Have to Agree Before Filing a Wrongful Death Claim?
No, Florida law does not require agreement from all heirs of the plaintiff before filing a wrongful death claim. Instead, the estate’s personal representative has the legal authority to decide whether to pursue the lawsuit. However, disputes among heirs may affect the distribution of the compensation recovered from the at-fault party.
