What happens to a personal injury lawsuit if the injured party dies before the case resolves?

Under Florida law, the continuation of the lawsuit depends on whether the death was caused by the underlying injuries. If the individual passed away due to the injuries involved in the lawsuit, Fla. Stat. § 768.20 requires the personal injury action to be converted into a wrongful death claim brought by the estate's personal representative. If death occurred from independent, unrelated causes, Florida's survival statute (Fla. Stat. § 46.021) permits the estate's personal representative to be substituted as the plaintiff to seek damages incurred up until death. Jeffrey S. Altman and The Altman Law Firm assist families in navigating probate court to maintain active legal claims.