What if a person dies before bringing a personal injury lawsuit?

If a person is injured as a result of the negligence of others, but before they bring that lawsuit, they die of the injuries caused in the accident, their loved one can bring that claim. It would be the personal representative of the estate. Whoever is appointed personal representative of the state can bring what’s called a wrongful death lawsuit. That needs to be within two years. Additionally, a claim can be brought for the pain and suffering suffered by that person who was injured from the date of the accident up until the date of the death, if the death was not caused by those injuries. So, the fact that that person dies doesn’t bar the ability to bring a claim for those injuries.

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