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  1. #1
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    Sep 2016
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    Default What Happens if a Person Bringing a Personal Injury Suit Passes Away

    What happens if the plaintiff in a personal injury suit dies before the case is resolved, for a case in California?

  2. #2
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    Default Re: What Happens if a Person Bringing a Personal Injury Suit Passes Away

    If the case was a personal injury claim, and the person passed away from the injuries that were the basis of that claim, then the person's heirs may open an estate and proceed with a wrongful death action.

    If the case was a personal injury claim, other than a claim for elder abuse, then the "pain and suffering" elements of the claim die with the person, but the estate may continue to pursue special damages (economic damages) arising from the injury (e.g., lost wages, property damage, medical bills).

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