It is an uncomfortable question, but a very real one. Lawsuits can take months or even years to resolve. During that time, life does not pause. So what actually happens if someone involved in a lawsuit passes away before the case is finished?
Under Florida law, many lawsuits do not simply disappear. Instead, they continue through the deceased person’s estate, with a new legal party stepping in.
The details depend on the type of case, the role of the person who died, and whether the claim survives under Florida statutes. Here is how it typically works.
Does the Lawsuit Automatically End Under Florida Law?
Not usually.
Florida has a “survival statute,” found at Florida Statutes § 46.021, which provides that most causes of action survive a person’s death. This means the claim can continue even after the individual passes away.
However, some claims that are purely personal in nature may not survive. The distinction can be nuanced, which is why these situations often require a closer legal review.
What Is a Suggestion of Death in Florida?
When someone dies during a lawsuit, a document called a Suggestion of Death is filed with the court.
In Florida cases, the procedure for what happens next is governed by Florida Rules of Civil Procedure Rule 1.260.
This filing formally notifies the court and all parties of the death and triggers the process for substituting the proper party into the case.
Who Takes Over the Lawsuit?
In Florida, the person who steps in is typically the personal representative of the estate.
This individual is appointed through probate court and is responsible for managing the deceased person’s legal and financial affairs. If there is a will, the personal representative is often named in it. If not, the court appoints someone.
Once appointed, the personal representative can be substituted into the lawsuit and continue the case on behalf of the estate.
What If Probate Has Not Been Opened Yet?
This is where many cases hit a pause. If no probate case has been opened, one usually must be filed in order to appoint a personal representative. Without that appointment, there is no one with legal authority to act for the estate.
Florida probate procedures are governed by Florida Probate Code, and opening an estate is often the key step that allows the lawsuit to move forward again.
What Happens If the Deceased Was the Plaintiff?
If the person who died was the one who filed the lawsuit, the claim may continue as an asset of the estate.
Common examples include:
- Personal injury claims
- Contract disputes
- Property-related claims
If the death was caused by the same incident that led to the lawsuit, the case may shift into a wrongful death claim under Florida Wrongful Death Act.
In Florida, wrongful death claims must be brought by the personal representative on behalf of the survivors and the estate.
What Happens If the Deceased Was the Defendant?
If the person who passed away was being sued, the lawsuit can often continue against their estate. Instead of proceeding against the individual, the plaintiff brings or continues the claim against the estate through the personal representative.
This commonly arises in cases involving:
- Car accidents
- Business disputes
- Debt claims
Recovery may be limited by the assets of the estate or available insurance coverage.
Are There Deadlines to Act in Florida?
Yes, and they are strict…a motion for substitution must typically be made within 90 days after the Suggestion of Death is filed.
If no action is taken within that timeframe, the case can be dismissed as to the deceased party.
This is one of the most common procedural pitfalls in these situations.
How Does This Affect Settlement?
A death can change the dynamics of a case in several ways.
There may be delays while probate is opened and a personal representative is appointed. Once that happens, settlement discussions can resume, often with additional considerations such as:
- Estate debts and creditor claims
- Distribution to beneficiaries
- Court approval in certain situations
In some cases, the involvement of an estate can complicate negotiations. In others, it can help bring clarity and structure to the process.
Key Takeaways
- Most lawsuits in Florida do not end when someone dies
- Claims often continue through the estate under Florida’s survival statute
- A personal representative must be appointed to step into the case
- Probate is usually required before the lawsuit can move forward
- There is typically a 90-day deadline to substitute parties after a Suggestion of Death
- Whether the deceased was the plaintiff or defendant affects how the case proceeds
FAQs
Can a lawsuit continue after someone dies in Florida?
Yes. Under Florida law, many claims survive death and continue through the estate.
Who represents a deceased person in a lawsuit?
The personal representative appointed by the probate court handles the lawsuit on behalf of the estate.
What happens if no probate case is opened?
The lawsuit may be delayed until probate is opened and a personal representative is appointed.
Can you sue someone after they have died in Florida?
You cannot sue the individual directly, but you can pursue a claim against their estate.
Do all claims survive death in Florida?
No. While many claims survive under Florida Statutes § 46.021, some highly personal claims may not.
How long do you have to substitute a party in Florida?
Generally, a motion must be filed within 90 days after the Suggestion of Death is filed, or the case may be dismissed.
This article is meant to provide general guidance. For specific advice regarding law suits and probate in the Brandon or Tampa area, we recommend you consult with Attorney O’ Connor.
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Attorney O’Connor has a strong background in probate and is available to serve you in Tampa Bay, Brandon, Kissimmee, Lakeland, Plant City, Hillsborough County, Pinellas County, Polk County and Osceola County.
