By Jose Leon | Thoughts on Innovation
Life rarely follows a script, and neither does litigation. As a personal injury attorney in Phoenix, I’ve seen firsthand how unexpected events can reshape the course of a case. One of the most challenging scenarios? When a client passes away during active litigation.
It’s a situation no one anticipates, yet it happens. And when it does, the legal implications are both nuanced and profound. The death of a party can slow proceedings, extinguish certain claims, and require immediate procedural steps to keep the case moving forward.
For example, if a person with a personal injury claim dies, the pain and suffering portion of their claim disappears. What remains are medical bills and other economic damages. To proceed, an estate must be opened, and a personal representative appointed — someone with the legal authority to make decisions on behalf of the deceased.
But here’s where it gets complex: the claim doesn’t necessarily end. Instead, it shifts into one of two possible paths:
- Survival Action: The estate continues the personal injury claim, seeking damages the deceased would have been entitled to—such as medical expenses and lost wages prior to death.
- Wrongful Death Action: A separate claim brought by surviving family members for their own losses, including financial support and funeral expenses.
Establishing the right legal entity is critical. Without a personal representative, the court cannot move the case forward. And if the death resulted from the accident itself, the family may pursue a wrongful death claim against the at-fault party.
From a tactical standpoint, these developments can cut both ways. If key testimony was never recorded before the client’s passing, the case may weaken. Conversely, if the death is unrelated to the accident, pain and suffering damages vanish entirely.
As attorneys, we have an ethical obligation to balance strategy with the law. When tragedy strikes, our role becomes even more vital: guiding families through a maze of legal requirements while honoring the objectives of the person who passed away.
At Leon Law, we’ve embraced an education-first approach for more than a decade because knowledge empowers clients—even in the most difficult moments. Understanding these distinctions before you need them can make all the difference.
Leon Law has three locations in Arizona:
- Phoenix: 20 E. Thomas Rd, Suite 2200, Phoenix AZ 85012
- Peoria: 16165 N. 83rd Ave, Suite 200, Peoria, AZ 85382
- Tucson: 1 South Church Ave Suite 1200 Tucson AZ 85701
