Assuming your husband is the plaintiff, the lawsuit will survive his death because this is a personal injury case. The only lawsuits that die with a plaintiff are defamation, libel, and other similar types of cases. If your husband were to pass away, his lawsuit would not end, but he would cease to be a plaintiff. When the plaintiff (or injured party) dies as a result of negligence, the original claim becomes a “wrongful death” claim. This type of claim must be brought by you as the surviving spouse or any of your husband’s dependents. Instead of considering your husband's damages, the focus turns primarily to yours and the damages of any other surviving beneficiaries and dependents.
Damages Available for Wrongful Death Lawsuits
Wrongful death proceedings are trials held to recover for damages that are specifically tied to the death of the plaintiff (the “decedent”). Damages available in a wrongful death lawsuit include: the cost of your husband’s medical bills and funeral expenses, the value of your husband’s anticipated lost earnings, lost work benefits, and any lost inheritance.
In some jurisdictions, you can also recover for your pain and suffering caused by his injury and death, your children’s pain and suffering, the loss of his care, protection and companionship, and/or punitive damages. Lawsuits against a
Local Approaches to Wrongful Death Lawsuits
Depending on the jurisdiction, some of the listed damages may be barred or restricted by statute. Pain and suffering and other "non-economic" categories for damages also frequently face a cap on the maximum dollar amount that can be awarded, if they’re not barred entirely. The presence or absence of one of these caps will depend on the laws in the state in which the lawsuit is being filed.
Also, keep in mind that some of the listed damages may be difficult to prove and the court may find them too uncertain or unpredictable to be considered in the ruling. Furthermore, punitive damages may require a higher level of proof or a demonstration of a wider set of consequences for the diving board manufacturer’s alleged culpability. Sometimes a demonstration of the benefits to public policy of instituting punitive damages may be necessary. If you have any questions, consult your personal injury lawyer.