If a plaintiff dies during the course of a lawsuit, what is the proper procedure to move the litigation forward?

When a plaintiff dies during a lawsuit, the proper procedure to continue litigation typically involves amending the petition to assert a survival action. This action allows the estate or the heirs of the deceased plaintiff to pursue the claims that were available to the plaintiff prior to death. The survival action ensures that any damages or claims can be recouped by the estate, and the litigation can proceed as intended.

The survival statute in Louisiana provides that certain causes of action do not terminate with the death of a party but instead can be brought by the deceased's successors. Amending the petition serves to formally recognize the death and adjust the party structure in the case, effectively allowing the existing claims to continue.

By contrast, filing a motion to dismiss would prematurely end the litigation, which is not the desired outcome when there are valid claims to pursue. Transferring the case to probate court is inappropriate since probate courts handle matters related to the deceased's estate rather than civil litigation. Postponing the trial indefinitely would not serve the interests of justice or the claims that need resolution, and it would only delay the proceedings without resolving the underlying issues. Therefore, amending the petition to assert a survival action is the most appropriate and effective means of moving forward with the litigation in light of