The short answer to your question is, "YES." However, when a plaintiff in a personal injury lawsuit dies, the case is usually prosecuted by that person's estate. Any recovery that is made, either by settlement, or trial, would become property of the deceased person's estate. Sometimes, it is necessary to open an estate in order to continue to pursue the claim, but not always. I would recommend contacting an attorney in your jurisdiction that practices personal injury law. They will be able to advise you whether or not you will need to open and estate in order to continue pursuing the claim.
Chip Clark is an injury attorney in Indianapolis, Indiana.
Answered on Feb 13th, 2012 at 3:07 PM