·  Legal News, Analysis, & Commentary

Lawsuits & Litigation

How to Make a Claim if a Person is Dead in a Car Accident?

— April 24, 2020

It is unfortunate when a car crash results in death. If the at fault driver in an incident in which you were involved is killed, you can still seek damages for your injuries.

Automobile accidents may be traumatic to cope with, but when someone involved is wounded or killed, it is much more complicated to handle. If you have been involved in a traffic accident in which the at-fault driver has been injured, it is necessary to respond immediately and to call your counsel to negotiate your future insurance restitution rights.

May I Prosecute a Deceased Person’s Relatives after an Accident?

It is unfortunate when a car crash results in death. If the person who is at fault in an incident in which you were involved is killed, you can also seek money from the crash. When someone dies, all of their assets will be accounted for and their estate will go into probate to be assessed. After probate, that would be divided amongst the heirs of the estate; however, in your situation, to seek damages you will become exempt from this phase. When the probate period is done, you’d receive the pay-out from the profits of the possessions and properties of the deceased for the crash.

What Would You Claim in a Tragic Accident?

Every single case is special. The precise amount you will receive would depend on the incident conditions and other variables. In fact, you will be entitled to seek liability for the following in the case of a serious accident:

X-ray of person with broken collarbone; image by Harlie Raethel, via
X-ray of person with broken collarbone; image by Harlie Raethel, via
  • Pain, distress and deprivation of the deceased’s amenity – Whether death was caused by a illness such as an asbestos-related disease or if the deceased became bed-ridden owing to medical neglect, the argument would account for the deceased’s discomfort and misery as a consequence of the illness throughout his lifetime.
  • Real damages – The insurance aspect accounts for actual costs incurred in care for the wounded victim, as well as any administrative expenses incurred in coping with his or her death or assets. It encompasses direct charges such as medical expenditures, continuing health services, medications and first assistance, accommodation changes, and emergency procedure transportation costs. Often requires death costs.
  • Loss of earnings – In the event that the death was not sudden, loss of earnings is often taken into account during the period the individual remained living but unable to function.
  • Lack of services – You can also seek liability for the deceased’s lack of resources such as education, housework, planting and other domestic tasks. The risk of finding a new carer could even be weighed if the deceased was caring for any ill individual in the household.
  • Dependency Damages – Also the main portion of any lawsuits for traffic injury insurance. This is true because dependents that rely on his or her income survive the deceased.

What are the Time Limits to File a Fatal Accident Case?

The statute of limitations regarding filing claims for fatal accident insurance remains three years. The three-year period begins from the date of death or from the date of death to which the incident or injury was linked.

If the victim was in the midst of proceeding with an application for redress for personal injuries before dying, the three-year timeline will commence anew from the day of death. It helps the family to carry out their argument.

Speaking to a Claims Lawyer on Deadly Traffic Accident

The outcome of a crash may be messy and overwhelming so it will make the process simpler to contact a serious Fort Myers personal injury lawyer for the situation. Your professional counsel has undoubtedly treated a situation close to yours at some stage, and would be willing to do what they can to bargain with the insurance provider of the other side for the best coverage.

When you don’t have a lawyer and need one but don’t believe you can afford the bill for resources rendered by attorneys, don’t worry. Our firm offers free counseling and have a contingency plan which guarantees you won’t have to pay for our treatment until our Fort Myers car accident lawyer want money for your accident. If you are prepared to discuss the tragic automobile accident with our attorneys, contact us today to schedule a free consultation.

Join the conversation!