What Happens to a Personal Injury Lawsuit If Someone Dies from Unrelated Causes?

If someone passes away while they have a pending personal injury lawsuit, you might wonder what happens to their claim. The good news: it doesn’t just disappear.

Under Florida law, a personal injury claim survives the individual—even if they pass away from unrelated causes. According to Florida Statute § 46.021, “no cause of action dies with the person.” This means the lawsuit can continue, and the right to pursue compensation passes to the deceased person's estate.

Here’s how it works in Florida:

• The estate takes over the claim. When someone dies, the probate court appoints a personal representative (usually named in a will). This representative legally steps into the deceased’s place and can continue the lawsuit on behalf of the estate.

• The compensation becomes part of the estate. Any settlement or court award from the personal injury lawsuit becomes part of the deceased’s probate estate. It is not immediately paid to surviving family members but is instead handled as part of the probate process.

• Funds are distributed to heirs or beneficiaries. Once the estate’s debts, taxes, and expenses are paid, any remaining compensation is distributed to the deceased’s heirs or beneficiaries—either as directed by the will or, if there is no will, under Florida’s intestacy laws.

What if the death is related to the injury?

If the person died because of the injury involved in the lawsuit, then it no longer continues as a personal injury case. Instead, it becomes a wrongful death claim under Florida’s Wrongful Death Act (Florida Statutes §§ 768.16–768.26), which has different rules on who can file and how compensation is distributed.

What if the death is related to the injury?

If the person dies as a result of the injury that led to the personal injury lawsuit—for example, from complications due to a car accident or a fall—then the case no longer continues as a personal injury claim. Instead, it becomes a wrongful death claim under Florida’s Wrongful Death Act (Florida Statutes §§ 768.16–768.26).

This shift is important because wrongful death claims follow different legal rules, including:

• Who can file the lawsuit: Only the personal representative of the deceased’s estate can file a wrongful death claim in Florida. However, the claim is brought on behalf of surviving family members, such as the spouse, children, parents, or any relatives who were financially dependent on the deceased.

• Who receives the compensation: In a wrongful death case, the compensation is meant to benefit the surviving family members directly—not just the estate. It may include damages for:

  • Loss of companionship and support

  • Emotional pain and suffering (especially for spouses and parents)

  • Loss of future income or services the deceased would have provided

  • Medical and funeral expenses paid by family members

This is very different from a standard personal injury claim, where the recovery goes into the estate and is distributed according to a will or state law.

So, if the injury led to the person’s death, the focus of the lawsuit shifts—from personal harm to the impact of their death on their loved ones.

If your loved one had a personal injury case pending and recently passed away in Florida, it’s important to speak with an attorney familiar with both personal injury and probate law. Time limits still apply, and acting quickly can help protect your loved one’s rights—and your family’s future.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.