What Happens to Your Employment Lawsuit If You Pass Away?
Guest Post by Alex Rissmiller, Rissmiller PLLC, New York City
Why This Matters
Let’s face it—dealing with an employment lawsuit can be stressful and confusing. There are a lot of questions, and one you might not have thought about is: what happens if you pass away before your case is resolved? It’s not a fun thing to think about, but it’s important, especially if you want to make sure your family is protected.
Does Your Employment Lawsuit End If You Die?
No. In most situations, your lawsuit survives your passing and continues under your state’s “survival of claims” statutes. A personal representative—either someone you designated in your will or, if you didn’t have one, a close family member appointed by the court—steps in and prosecutes the action on behalf of your estate as part of the probate process.
What Changes After Death?
Once a claimant dies, their estate takes over the lawsuit. The person responsible for managing your estate—often a spouse, adult child, or someone you designated in your will—becomes the new plaintiff and continues pursuing the case.
While certain damages such as future emotional distress may no longer apply after death, the estate can still recover financial losses already incurred. These typically include unpaid wages, lost benefits, out-of-pocket costs, and similar expenses.
Any settlement or court award then becomes part of the estate. The funds are then distributed according to your will. If no valid will exists, your state’s laws govern how those proceeds are divided among heirs.
Employment Lawsuit Settlements
What Can I Sue My Employer For?
There are a number of ways your employer can harm you that may give rise to a lawsuit, including the following:
No matter the issue, the most important thing you can do to protect your rights is to contact an experienced employment law attorney.
Is There an Average Settlement?
Settlement amounts in employment cases vary widely based on the facts of each case. While some cases resolve for a few thousand dollars, others can result in much larger payouts. Factors like lost wages, emotional harm, and the employer’s conduct all influence the outcome. Because most settlements are confidential, it’s hard to pinpoint an average.
What Affects the Final Settlement?
Several factors influence the potential value of a case: the strength of the evidence, the amount of wages or benefits lost, the severity of the employer’s misconduct, and the size and resources of the company.
Can an Employment Lawyer Guarantee a Result?
No. Each case is unique, and lawyers cannot promise a specific outcome. Your lawyer can best advise you regarding the potential recovery based on your specific circumstances.
What You Should Do Now
If you think you have been wronged by your employer, contact my firm for assistance. If you’re currently involved in an employment lawsuit, it’s wise to plan ahead. Speak with estate planning attorney Mike Merhar of Merhar Law to create or update your will and name a trusted person to manage your legal affairs. If you're a family member of someone who died during their lawsuit, don’t wait—most cases can continue, but time limits may apply.
Final Thoughts
An employment lawsuit doesn’t disappear if you pass away. With proper planning, your loved ones can continue the claim, and any compensation passes to your estate. For guidance on how to protect your legal interests and ensure your estate is prepared, contact attorney Mike Merhar of Merhar Law.
About the Author
Alex Rissmiller is the founder and managing attorney of Rissmiller PLLC, an employment law firm based in New York City. Alex helps clients throughout New York and New Jersey hold their employers accountable when they mistreat their employees.
Disclaimer: This blog is for informational purposes only and is not legal advice. For guidance on your specific case, consult a licensed attorney in your state.
