Refresh: What Happens if the Defendant Dies? episode artwork

EPISODE · Jul 24, 2026 · 28 MIN

Refresh: What Happens if the Defendant Dies?

from On Subrogation

This week, join us as we revisit our episode on Deceased Defendants as a refresher! Original Air Date: January 7, 2021 It's an unfortunate situation all around. A defendant commits a wrongful act, causing injury, death or property damage to the plaintiff, and then the defendant dies before suit is instituted to recover damages. Though this can prove to be a frustrating situation, the claim lives on even if the tortfeasor does not. On this week's installment, Rebecca and Steve discuss options that the plaintiff has in filing suit against a deceased tortfeasor. Steps and state requirements are discussed which allow one to bring suit against the estate, family member or another involved party to recover damages owed.

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Refresh: What Happens if the Defendant Dies?

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