What Happens to a Settlement When a Person Dies?

Dawn Pinnisi

February 18, 2025

If you’re wondering what happens to a settlement when a person dies, you’re not alone. It’s a question many clients in Paramus, New Jersey, have asked us here at Varcadipane & Pinnisi, P.C. Whether it’s a personal injury lawsuit you’re pursuing or one you’re defending against, it’s crucial to understand how these situations play out under New Jersey law. Let’s break it down together.

Does My Injury Claim End if the At-Fault Party Passes Away?

No, your injury claim doesn’t automatically end if the at-fault party dies. In New Jersey, personal injury claims can continue even after the responsible party’s death. However, the lawsuit transitions to being filed against the deceased individual’s estate. This shift means that the executor or administrator of the estate assumes responsibility for the case, representing the interests of the deceased party.

Here’s how the process works:

Estate Involvement: The claim is filed against the estate, and any resulting settlement or judgment is satisfied using the estate’s financial resources, including property, savings, or other assets.
Probate Filing: Filing a claim in the probate court managing the estate is typically required to ensure your case is recognized and can proceed efficiently.
Executor’s Role: The executor manages the estate’s obligations, including legal claims like yours.

New Jersey’s Survival Action statute ensures that valid personal injury claims are not dismissed simply because the at-fault party has passed away. However, pursuing such cases can involve additional complexities, such as:

Timely Action: Delays could risk the distribution of estate assets, complicating your ability to collect damages.
Legal Representation: Engaging with the estate’s executor or legal team may require skilled negotiation and an understanding of probate procedures.

Because of these challenges, acting swiftly and working with an experienced wrongful death attorney is essential to ensure your rights are preserved, and your claim moves forward efficiently.

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What if I Die Before Settling the Claim?

If you die before your injury claim is settled, then your estate can usually continue the settlement process. Under New Jersey’s Wrongful Death Act, certain family members or the executor of your estate have the statutory right to take over and pursue the claim for you.

The types of damages recoverable after your death may vary depending on the circumstances and the nature of the lawsuit. Here’s a breakdown of what your estate and family may seek:

Medical Expenses: Your estate can claim reimbursement for medical bills incurred as a result of the injuries prior to your death.
Lost Income: Wages lost due to the injury can be recovered, even if the income would have supported you directly.
Pain and Suffering: Damages related to the physical and emotional distress you endured before passing may still be part of the claim.
Wrongful Death Claim: Should your death be directly related to the injuries in question with this lawsuit, then an additional claim by the family for loss of companionship and guidance and possible financial support can be made.

Having a clear will ensures your case and assets are managed without complications. Clear documentation minimizes conflicts or delays among heirs and equips your loved ones with the tools and support necessary to carry on your case. Seeking advice from an attorney safeguards their future and ensures their rights are upheld in your absence.

Can the Settlement Payments be Inherited?

Yes, settlement payments are inheritable, but this totally depends on the type of claim and the terms of settlement. If the settlement is part of a personal injury case, any amount awarded after one’s death may become part of his or her estate. This means they’re distributed according to your will or, if there’s no will, New Jersey’s intestacy laws.

For structured settlements or periodic payments, the terms of the settlement agreement determine whether these payments continue to heirs. Some settlements include clauses that allow for payments to transfer to a spouse, children, or other beneficiaries. If there’s no such clause, the remaining settlement may revert back to the insurer or liable party.

Understanding your settlement terms is vital. For tailored advice on how your settlement will be handled in case of death, reach out to our experienced team.

Ready to Talk About Your Case? Contact Us Today!

If you have questions about what happens to a settlement when a person dies or if you’re navigating a personal injury claim in Paramus, we’re here to help. Contact our team at (201) 588-1500 for trusted advice from attorneys who understand the intricacies of New Jersey law. Let’s work together to protect your rights and your future.

Dawn M. Pinnisi

Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, and a member of the Multi-Million Dollar Advocates Forum. Dawn has been recognized as a Super Lawyer, and has received awards from the National Trial Lawyers and Best of the Bar.

University: J.D. Brooklyn Law School

Bar Number: 33771999

Locations: New Jersey and New York.

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What Happens to a Settlement When a Person Dies?

Does My Injury Claim End if the At-Fault Party Passes Away?

Get In Touch With Us

What if I Die Before Settling the Claim?

Can the Settlement Payments be Inherited?

Ready to Talk About Your Case? Contact Us Today!

Dawn M. Pinnisi

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"VARCADIPANE & PINNISI, PC is an amazing firm. They were very supportive throughout my personal injury case. Ms. Pinnisi, went beyond for me and got a favorable settlement. Her staff was very helpful and the professionalism receiv..."

"Varcadipane & Pinnisi recently handled my home closing and we could not be happier with the experience. The entire process was handled with professionalism, attention to detail, and excellent communication. Sophia Soraya was abso..."

"No words to express depth of my gratitude and appreciation for Attorney Vacardipane’s expertise, patience and persistence on my behalf. I was a challenging client with a challenging case, and his patience, integrity, persistence an..."

"Working with Varcadipane & Pinnisi firm was such a relief during a really stressful time. From day one, Sophia and her team, were kind, patient, and incredibly helpful. They took the time to explain everything in a way that actua..."

"Attorney Jeffrey is incredible. He solved a case for me that I thought was practically lost. I highly recommend this great law firm. "

"Very professional. I would definitely recommend this law firm to everyone. "

"Thank you Varcadipane & Pinnisi for solving our community problems. You are the best. Gloria "

"These Lawyers are very very good. They help and we are very thankful. "

"This firm and Jeff’s team are a class act. They are highly knowledgeable with HOA laws. I look forward to working with them in the near future. Thank you! "

"Our cohort used this firm to help resolve a condominium HOA dispute, they were very professional, efficient, and knowledgeable. "

"Jeff Varcadipane is a star attorney. Works diligently and never gives up. He fights for your legal rights. "

"I am very pleased with their service. Mr. Jeff Varcadipane explained and analyzed the case in details. He and his team are very professional. "

"I would like to personally thank our Attorneys Jeff and Noah at V&P, PC. They have always been completely transparent, dedicated, and hardworking -They have gone above and beyond to extend themselves for our matter. They come wit..."

"Jeff, Noah, and the team… saved us over $260K in questionable assessments by a board that has shown to have unethical practices, provided voices for those censored by board members suspected of corruption. They’ve been instrument..."

"Selecting the right law firm can be the difference between merely accepting a settlement and securing the highest possible compensation. Varcadipane & Pinnisi is not just any firm; they are a top-tier legal team known for their u..."

"Timely efficient and highly knowledgeable about Home Owners Association laws. Highly-qualified, recommended. "

"I want to thank you for the excellent representation offered, very professional and honest. "

"Incredible group of attorneys, paralegals and administrative staff that treat you like a person and not just a number. They truly care about your health and will provide you with incredible representation for the largest possible rec..."

"Thank you Jeffrey and your team for helping solve legal issues! Amazing firm! "

"Jeff helped me personally and I couldn’t be happier with the professionalism and the result! Great team and terrific firm! "

"Jeff and Dawn are both incredibly knowledgeable and caring attorneys who do the best for their clients. We all know that dealing with lawyers can sometimes be a challenge – I have personally used them and found my experiences t..."

"I recently had the pleasure of working with Varcadipane & Pinnisi, and I can’t recommend them highly enough. From the initial consultation to the resolution of my case, the team was professional, knowledgeable, and incredib..."

"The team at Varcadipane & Pinnisi are the best! I had an excellent experience, as their team was not only knowledgeable but also highly responsive. They provided clear guidance throughout the process. Their professionalism and de..."

"Great experience with V&P! Everyone we worked with at the firm was top notch and provided great advice and service. Would highly recommend! "

"Excellent team of lawyers and staff. Their director of operations Jeremy was also very kind and considerate. "

"Highly recommend Varcadipane & Pinnisi for personal injury and civil litigation. They are an excellent group of people who really care about their clients and employees. Highly skilled attorneys and staff. Shout out to the operat..."

"Always great working with Varcadipane & Pinnisi they are very professional and get the job done. "

"The lawyers at this firm truly care about their clients and put 100% into their cases. I could not be more satisfied with the outcome of my case. "

"I couldn’t be more pleased with the service and expertise provided by V&P. Their dedication, attention to detail, and clear communication made a stressful situation much easier. They went above and beyond to ensure a positive o..."

"Fabulous team of attorneys. Trustworthy, responsive and professional "

"This firm is absolutely extraordinary. Who you choose to represent you makes a huge difference. I’m thankful they were able to represent me. "

"I highly recommend Varcadipane & Pinnisi to anyone seeking a skilled and professional law firm. Their team was exceptionally responsive and diligent when I faced an urgent issue after someone defaulted on a loan. After a previous..."

"I have retained the attorneys at VARCADIPANE & PINNISI for personal and commercial matters and have always had a great experience. They are knowledgeable and excellent at communicating throughout the legal process. "

"Very professional firm to work with. WONDERFUL people. "

"Great courteous people awesome to deal with. "

"Had great Experience with the firm. The attorneys as well as the staff are amazing. I would recommend them to anyone. "

"The attorneys at Varcadipane & Pinnisi, PC are extremely knowledgeable on a wide range of legal matters and they work tirelessly to achieve the best results for their clients! "

"The staff are very professional honest and accommodating. They deliver. I am very pleased and grateful. "

"Jeff Is the best lawyer in the entire world ! Not only was he fighting for me hard and firm bit he also is a genuine and caring person. I couldn’t be more grateful and thankful for him and the team ! Thank you for believing in ..."

"From the very beginning, the team at Varcadipane & Pinnisi provided us with clear guidance, comprehensive strategies, and a sense of confidence that we were in the best possible hands. The thorough preparation and attention to de..."

"Jeff Varcadipane helped and guided us through a tough dental office sale conflict. He is very professional, gives confidence to the client. I felt very confident with him being our atty. Would def recommend him!! "

"I was completely satisfied from my first conversation with Jeff Varcadipane, he answered my questions with concise, intelligent solutions to my problem. My doubts that it could not be resolved were totally erased. I would highly reco..."

"Sophia Soraya did a wonderful job winning our case. She made a hard process very easy to understand and we were very pleased. Her persistence and determination is unmatched and unlike that of the other firms who told us our case was ..."

"A terrific firm that helped my family to successfully litigate a complex real estate fraud case. Great communication from the team throughout the entire process. Everyone involved was highly skilled, explained things clearly and appe..."

"Varcadipane & Pinnisi, P.C. were incredible to work with. Their attention to detail, knowledge, and responsiveness go unmatched. I highly recommend!!! "

"My nearly 8 year long relationship with Varcadipane & Pinnisi as my legal counsel was nothing short of outstanding. Their dedication and hard work shone through every step of the way. Simply put, I was represented by my legal dre..."

"Jeff Varcadipane did an excellent job winning my case, despite the constant hurdles and excess motions of the defense. His knowledge of every part of the law was very impressive. He and Dawn really cared about my case and constantly ..."

"I had a great experience with Varcadipane & Pinnisi, P.C. law firm and would like to express my gratitude specifically to Ms. Sophia Soraya for her excellent legal assistance. I appreciate their professionalism and highly recomme..."

"Attorney Sophia Soraya and her firm were incredible. We couldn’t have been more impressed with their knowledge, care, and attention to detail. Your legal needs are in great hands with Varcadipane and Pinnisi, PC. "

"Varcadipane and Pinnisi, P.C. has been an incredible partner in navigating risk and advising on the commercial structure of multiple businesses, while providing personal counsel for the last 15 years. "

"The entire team at VARCADIPANE & PINNISI, P.C. were fantastic to work with and achieved way more than expected. I had such a hard time finding and trusting a firm to work with based on the complexity of my case. The team at VARCA..."

"We are extremely pleased with the exceptional legal services provided by Varcadipane & Pinnisi, P.C. Their professionalism, expertise, and dedication were evident throughout the entire process. I highly recommend their services t..."

"Choosing this firm to represent my family and I was the best decision I could have made! They walked us through the process and were very professional, accessible and always explained everything in detail. Dawn and her team listened,..."

"I cannot praise Varcadipane & Pinnisi, P.C. enough for their exceptional legal support, especially Mr. Varcadipane’s instrumental role in safeguarding my business. Before engaging their services, my business was operating w..."

"Thank you to Dawn who work tirelessly throughout the time that we have the case open. She even helped to find ways to reduce the cost. She is very knowledgeable and easy to reach out to. Very fair and logical by providing whats best ..."

"My name is John and my experience with Varcadipane and Pinnisi, P.C. was amazing from day one. The firm is very professional and very informative. Not all law firms are honest or easy to work with. With that said , once become a clie..."

"They say the reward is exponentially greater if you receive it when you least expect it. It sounds like a fairy tale happy ending, but it was made possible for my wife and me by the team at Varcadipane & Pinnisi, P.C. What starte..."

"I would highly recommend Varcadipane and Pinnisi, P.C. for the dedication to your individual case and your needs. They’re timely in response to your questions, they get you the answers you need, they are honest and reliable. We..."

"They are very good lawyers and they are very kind thanks for everything 😊😊 "

"It has truly been an incredible experience working with Ms. Sophia Soraya and the Varcadipane & Pinnisi, P.C. Law Firm. They have been extremely professional, diligent, and committed. Despite any challenges that appeared along th..."

"Sophia was amazing, as was her team. She was there for me through everything; super supportive and ensured I felt comfortable with every decision made. She never gave up and ultimately made a very challenging life event much easier t..."

"Jeff and his team were so helpful in solving our legal issue. Everyone was thorough and communicated every step of the process to us. We really appreciate everything they did and would highly recommend!! "

"I was very satisfied with Varcadipane & Pinnisi, P.C. They were professional and courteous in handling my case., which they handled with speed and brought a very favorable outcome to my case. I would whole heartily recommend to a..."

"Everyone at this law office is very courteous and professional. I was being kept in the loop at every step in the process, and we reached a satisfactory outcome. "

"The law firm lead by Mr. Varcadipane provided service that was first rate. From our first conversation, till the final settlement, this firm provided me a level of comfort and expertise which was second to none. I would surely recomm..."

"Dawn Pinnisi is a caring and responsible attorney who worked assiduously on my behalf. Highly recommend. "

"To be successful in a matter involving a business dispute requires an attorney who not only knows the law but who has spent significant time in the courtroom dealing with complex business litigation. Varcadipane & Pinnisi, P.C. i..."

"We Hired Varcadipane & Pinnisi, P.C. for a situation we had back In NJ last year with a moving company that did not do right by us, they were supposed to deliver our household goods from NJ to our new home in FL and instead took ..."

"Varcadipane & Pinnisi, P.C. were successful in negotiating our claim. Professional and knowledgeable. "

"I would like to start off by telling everyone at the firm how thankful I am for all who were involved in my case. I was always treated professionally, like family, kind, and considerate and with a friendly smile. Moreover, my experie..."

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