When a tortfeasor causes an injury and then dies the plaintiff seeking a remedy might be in a difficult situation. The Plaintiff will need to try to recover from the decedents estate when they pass away, but that is when things can get complex. When a person dies their estate goes into the probate process where tort claims are often resolved. Creditors often have a limited amount of time to file a claim against the estate. It is extremely important to file a claim within the legal statute of limitations period that exists in the State where the claim is brought. If a subrogated plaintiff wants to pursue a decedents liability insurance limits they should see if their State permits them to bring an action against the estate and for summons to be brought against the insurer. If there is no insurance or the amount is inadequate then things might get complicated.
See Gary Wickert, I Sue Dead People: When a Tortfeasor Dies, Your Subrogation Claim Doesn’t Need to Die too, Claims Journal, October 1, 2015.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
