Let’s imagine that a person was run over by a car and suffered severe injuries. The person filed a personal injury complaint, the lawyers agreed that he had a good case and a legal battle followed. Midway through the proceedings – the victim of the accident dies due to his injuries. What happens now?
Any uncompleted actions in the personal injury case are now ceased
Furthermore, any claims for damages due to pain and suffering are now no longer relevant. The case now belongs to the victim’s estate and his representative will be responsible for tying up the loose ends.
A wrongful death case can now be pursued
If the victim died before the case reached such a point where the victim could be compensated for his expenses, the family can decide to file a wrongful death case. Now that the victim is deceased, the costs that need to be compensated for is a lot different. Now, a whole lifetime of wages hangs in the balance as well as funeral costs, financial support given to others such as educational assistance as well as the medical expenses incurred while the victim was still alive.