Wrongful Death Actions: Estate is the Real Party In Interest

When one files a wrongful death case, but is not  the personal representative of the estate, courts may permit the duly appointed personal representative to, later, be “substituted in” for the one who  filed the suit (the “nominal plaintiff.”) The estate of the decedent  is the “real party in interest.”  Put another way, the beneficiaries of the estate are also considered the real parties in interest.   A recent 3rd District Court of Appeal case discusses this. For a copy of the Eisen case, please email michelle@pankauskilawfirm.com.