Legal Definitions - suggestion of death

A "suggestion of death" is a formal legal document filed with a court to inform the judge and all parties involved in a lawsuit that one of the individuals participating in the case has passed away. This filing is a necessary procedural step to update the court's records and often triggers a process to determine how the lawsuit will proceed, such as substituting the deceased party's estate or a new legal representative.

Here are a few examples:

• Personal Injury Lawsuit: Imagine a scenario where Mr. Henderson is suing a driver for injuries sustained in a car accident. Before the trial begins, Mr. Henderson unexpectedly passes away due to an illness unrelated to the accident. His attorney would then file a suggestion of death with the court. This formal notice informs the judge and the opposing driver's legal team that Mr. Henderson is no longer alive, prompting the court to decide whether his estate or a new representative can continue the lawsuit to seek compensation for the original injuries.
• Contract Dispute: Consider a situation where a small business, "Innovate Tech," is suing a former client, Ms. Davies, for breach of contract due to unpaid services. During the discovery phase of the lawsuit, Ms. Davies dies. Her attorney, or even Innovate Tech's attorney, would file a suggestion of death. This informs the court that the defendant is deceased, and the court would then need to determine if the lawsuit can continue against Ms. Davies's estate to recover the outstanding payment, or if the case must be dismissed.