10.  What if the person dies before the lawsuit is brought?

In Kentucky, as in many other states, a "survival statute" preserves a victim's cause of action against a 
defendant after the victim dies. The estate or surviving dependents assume the victim's cause of action 
against the defendant until the matter is settled or tried.

In contrast, a wrongful death claim is a new cause of action, which arises from the victim's death, and is
brought by the surviving beneficiaries or dependents of the deceased victim.

For example, Victim, (married with two children) is injured in a severe automobile accident, caused by the negligence of Defendant. Victim is hospitalized and sues Defendant. Before Victim's case is heard, Victim dies as a result of the injuries sustained in the auto accident. Victim's surviving spouse may "step in" and pursue Victim's claim against defendant. The surviving spouse and children may also be able to pursue a separate wrongful death claim against Defendant for their damages incurred in Victim's death. While these claims are separate, they are frequently consolidated together by the court before trial.