If the Patient Dies During a Case

When a plaintiff dies, the court usually needs a new party to continue the case. That is typically the personal representative of the estate, such as an executor named in a will or an administrator appointed by the probate court. The representative is substituted into the case in place of the patient. If no estate has been opened yet, the family may need to open one before this step can happen. Your legal team will explain what the court requires and help coordinate with the probate process. The substitution often has its own deadline, so it helps to start soon after the funeral.

After a death, several new documents usually become necessary. These include certified copies of the death certificate, letters testamentary or letters of administration from the probate court, and sometimes medical records from the final stage of illness. Records showing family relationships, such as marriage and birth certificates, may be needed to identify who is eligible to share in a wrongful death recovery. An autopsy report, if one was done, can also be relevant. Gathering these takes time, and legal teams often help request them so the family isn't overwhelmed during an already difficult period.

A death can start new deadlines, particularly for wrongful death claims, which often run from the date of death. It can also change the types of damages available. Some losses the patient could have claimed may continue through a survival action, while the family's own losses are addressed through wrongful death. How these combine depends on state law. The overall value of the case may change as a result. Your attorneys will explain these shifts and what they mean for the case strategy, including any testimony that was preserved before the death.

1. 1

   Notify your legal team as soon as you feel able after your loved one's death.

2. 2

   Order several certified copies of the death certificate from the vital records office.

3. 3

   Locate the will, if one exists, and note who is named as executor.

4. 4

   Ask your attorneys what the court needs to substitute the estate into the case.