What Happens if a Claimant Dies Before a Personal Injury Claim is Resolved in Missouri?

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered. 

How to Navigate the Process of Filing a Personal Injury Claim if the Claimant Passes Away Before a Settlement or Judgment Is Reached?

Personal injury claims can take a long time to resolve, with most claims taking between six months and two years for resolution. As such, what happens if the claimant passes away after the personal injury-causing accident but prior to a settlement or judgment being reached on their case?

In Missouri, if a personal injury claimant dies from a cause unrelated to the personal injury accident, an estate must be formed within one year of the claimant’s death, and the estate can then pursue the personal injury claim moving forward.

However, if the personal injury claimant dies from a cause related to the personal injury accident, then a wrongful death claim must be pursued by the family of the claimant within three years of the claimant’s death. 

Below, we break down these scenarios in greater detail with hypothetical examples:

Claimant Dies From A Cause Unrelated to the Personal Injury Claim

Missouri law states that “causes of action for personal injuries, other than those resulting in 

death, whether such injuries be to the health or to the person of the injured party, shall not abate by reason of his death….” RSMo. § 537.020. In other words, just because the claimant dies after a personal injury-causing accident, that does not mean his/her personal injury claim is extinguished. Rather, the personal injury claim survives to the personal representative of the injured party. It’s important to note, however, that if the personal injury claim results in the death of the claimant, then the personal injury claim merges into a wrongful death claim (see below). 

In Missouri, a formal probate estate for a decedent must be opened to proceed with the personal injury claim. RSMo. § 473.020. In most cases, a probate estate must be opened within one year of death under RSMo. § 473.020 in order to substitute a personal representative and continue the claim.

Example: George is involved in an injury-causing car accident on Nifong Blvd. in Columbia, MO, caused by the negligence of Defendant Truman. George hires Duckworth Injury Law to pursue his personal injury claim against Defendant Truman. While George is undergoing physical therapy treatment for his injured cervical spine, George passes away from cancer. As George’s death is clearly unrelated to the car accident he was involved in, an estate must be opened for George, whereafter George’s estate can pursue George’s personal injury claim moving forward.

Claimant Dies From a Cause Related to the Personal Injury Claim 

In situations where a personal injury claim results in the death of the claimant, Missouri law provides that the personal injury claim merges into the subsequent wrongful death claim. Missouri law states that wrongful death damages include “such damages as the deceased may have suffered between the time of injury and the time of death and for the recovery of which the deceased might have maintained an action had death not ensued.” RSMo. § 537.090. 

In other words, those family members who are entitled to pursue a wrongful death claim under Missouri law are also permitted to claim the decedent’s personal injury damages as a part of such wrongful death claim.  Once death results from injury, the original personal injury survival claim no longer exists and an independent cause of action (as it does above). This is an important distinction, as the estate would not be able to pursue the personal injury claim when the claimant dies from the personal injury causing accident – only those permitted to bring the wrongful death claim. Missouri law establishes a tiered class system that determines which family members are permitted to bring a wrongful death claim. See RSMo. § 537.080. Refer to our blog “Who Can Bring a Claim for a Family Member’s Wrongful Death in Missouri?” to learn more. 

Example: Tom is involved in a serious injury causing boating collision at the Lake of the Ozarks, caused by the negligence of Defendant Karen. Tom hires Duckworth Injury Law to pursue his personal injury claim against Defendant Karen. Due to the boat crash, Tom suffers internal organ damage and is admitted to the University of Missouri Hospital. After several months of fighting to recover, Tom succumbs to his injuries and dies. As Tom’s death is clearly related to the boat accident he was involved in, Tom’s family must pursue a wrongful death claim which will include Tom’s personal injury claim moving forward. 

Contact Duckworth Injury Law to Determine How Your Loved One’s Personal Injury Case Should Be Handled in Missouri

Personal injury and wrongful death claims are complicated, and they can become even more complex when a loved one dies in the weeks, months, or years after they are involved in an injury-causing accident. Determining whether or not your loved one’s death was caused or contributed to be caused from the personal injury accident dictates how their personal injury claim must be handled moving forward. Failing to follow the proper procedure can result in your loved one’s personal injury claim being delayed or barred altogether. 

At Duckworth Injury Law, attorney EC Duckworth is experienced in handling complex personal injury claims, including claims whereby the claimant passes away after commencement of the injury claim and/or lawsuit. EC will diligently pursue accountability on your loved one’s personal injury claim, whether by working to have an estate established on their behalf, or under Missouri’s wrongful death laws. 

Reach out to Duckworth Injury Law today for a free consultation to learn how our firm can assist with your Missouri personal injury case.