does lawsuit end with death?

Question

if my father had a pending lawsuit does it end with his death and if not how can i find info on it with only his name and state. somehow his records of this disappeared and plus he died in 2001

Answer 1

The the estate can carry on with the suit. For example one of the tobacco cases currently going through the system the plaintiffs have died.

Give us more information to see if you got a case.

Answer 2

Generally, no. A person's estate can continue the lawsuit as a plaintiff, or can continue being sued as a defendant.

There are some specific execptions based on the types of claims, and the laws in the appropriate jurisdiction. But generally the lawsuit can continue.

Answer 3

Laws vary from state to state, but it really depend on what your father is suing for. Some claims survive death and can be distributed to your father's heirs...others cannot.

Personal injury claims like pain and suffering generally end with the death of the claimant. Economic claims such as suing for an unpaid loan would survive and could proceed once the executor has substituted in as the attorney of record.

Answer 4

His lawsuit is still followed through. And would be awarded to next of kin. But he most likely have had to write a statement or had other witnesses to testify on his behalf. And heresay is not evidence. You need physical facts. And need to prove wrongdoing by the other party. He was most likely a witness so it would make pursuing it difficult. You can go to the freedom of information act website and hopefully find out more. You will need proof of identity and proof he has passed away.

Answer 5

Depends on the state and/or how the lawsuit is worded.

Answer 6

It depends on what he is being sued for. I know there are some things that the next of kin or spouse can still be held accountable for.

Answer 7

yes. Let whoever is trying to locate him figure it out.