Legal Question in Personal Injury in Florida

In Florida, lawsuits do survive the death of the plaintiff. If your injuries in any way contribute to your death, the case can be converted to a wrongful death suit in some situations. If you are concerned that you will die of unrelated causes, the case can still live on past your death and it can be taken up by a representative of your estate, presumably your son. It becomes a "Survival Action." Assuming you have a lawyer handling your case, you ought to talk to him about these issues. You should also talk to an estate planning lawyer who can help make sure that the matter is handled in the future according to your wishes. I should note that many personal injury cases involving a person who has died of causes unlreated to the accident lose subsantial value after the person dies. There is no injured party before the jury, and future damages are cut-off on the date of death if there is no wrongful death claim. Thus, there is often good reason as a plaintiff to try to resolve the case while you are still alive if possible. You can always leave the proceeds to your son in your will if that is your desire. Best of luck to you and I hope you live a long life and that these issues prove purely academic.