Being injured in an auto collision can be a frightening experience. You are entitled to compensation for your injuries from the negligent driver. However, your claim can be more complicated if they were killed in the car crash.
Do You Have a Claim?
Yes, you are still entitled to compensation for your injuries if the driver who caused your wreck was killed. You can recover your past and future medical expenses, lost wages and lost earning capacity damages, pain and suffering, and property damages. To win your case, you would need to show that the other motorist caused your car accident, the seriousness of your injuries, and the amount of damages you should recover.
How to Obtain the Damages You Deserve When the Other Driver Died
You may feel empathy for the family of the motorist who died in the accident, even if the deceased driver caused your injuries. You may also be reluctant to file a claim when you know they are grieving. However, you will not need to have any direct contact with the family when pursuing your rights if you hire an experienced car accident lawyer. Here are the ways you can obtain the compensation you are entitled to:
- Insurance company. Your first step would be to file a claim with the negligent driver’s insurance company. They are responsible for compensating you up to the policy limits—even if their insured is deceased. You should retain a lawyer to file your claim as soon as possible to obtain the maximum recovery in your settlement.
- Lawsuit. If the insurance company refuses to be reasonable or the statute of limitations, which is the deadline to sue, will expire soon, you will need to file a lawsuit and litigate your case. You would sue the negligent driver’s estate. Your attorney will be able to determine if a petition to probate their estate was filed and the proper time to file your complaint in that case.
Call Our Dedicated Attorneys Today
At Tavss Fletcher, we understand the additional trauma and stress you are suffering after being involved in a fatal car accident—even if you did not cause it. We will handle every step in the process of filing the claim, negotiating the settlement, and litigating the case if this is necessary. We handle these cases on a contingency fee basis so that you only owe us attorney fees when we win your case. To learn more about how we can assist you, fill out our online form to schedule your free consultation today.