Can I Sue Someone for a Car Accident if They Passed Away?

As you are probably aware, obtaining the compensation you are due after a car accident can be a lengthy process. Ideally, you can work out a settlement with the insurance company, but if a lawsuit needs to be filed, the legal process can sometimes take up to several years. What happens, though, if the person that caused the accident passes away? At that point, you may find yourself in need of answers to some very important questions:

• Am I able to claim the payment I would normally be entitled to under California law?
• If the person that harmed me died before I could take legal action, can I sue their estate?
• Am I still entitled to compensation from a car accident lawsuit under state or federal law?

Fortunately, you may have the option of suing the estate of the individual that’s responsible for your accident. After all, the act of misconduct or negligence that caused your injuries does not go away even if the perpetrator has died. That’s why there are laws in place to allow compensation claims against an estate for monetary damages, such as medical expenses and lost wages due to your recovery needs.

If you’ve discovered that the person responsible for your injuries from a car accident has died, contact our law firm immediately for a free case evaluation. A personal injury lawyer at our office can advise you of your rights and take the necessary actions to recover your payment.

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Can I Sue Someone for a Car Accident Case if They Have Died?

Yes, you can still file a lawsuit against someone that passed away after the accident if you suffered injuries from a car crash, rollover, or some other incident involving a motor vehicle. Under California law, you can seek compensation for a personal injury case through the probate court. Simply put, you will need to file a claim with the probate court and have a copy of it served to the representative of the estate.

But what can you do if there is no probate proceeding, meaning there is no executor to the estate? You may have the option of suing the spouse or family members that are in line to inherit money or other assets. These lawsuits are very complicated, as you are going after a third party that’s indirectly liable for the losses you’ve suffered. In addition, there are strict timelines for the submission of a personal injury claim with the probate courts. Our lawyers can help you make sense of the legal process and make sure that all your paperwork is filed in a timely manner. For a free case evaluation on your rights and legal options, contact the attorneys of Normandie Law Firm.

Lawsuit against Third Parties in a Car Accident Injury Case

Obviously, the driver of the car that injured you is the one that’s responsible for the accident. However, the legal concept of responsibility, i.e., liability, can be extended beyond the person that caused your injuries. For example, let’s say that you were injured by a truck driver that ran a red light. If the person was performing a job-related duty at the time of the accident, like delivering goods to a store, you may have grounds to sue the employer under the principle of vicarious liability.

Your right to sue can be strengthened by various circumstances, for example, if the company had knowledge of the worker driving recklessly in the past. In some cases, delivery drivers are also forced to work long hours for many days at a time, which can leave them exhausted and more likely to cause an accident. These are just examples, but they illustrate the importance of a detailed investigation and the possible legal options that may be available to you. Thus, it’s important to retain the services of a law firm with experience in lawsuits against deceased individuals.

How Long Do I have to File a Lawsuit?

The statute of limitations to sue a person or entity for a car accident is two years from the date of the incident, or the date of discovering an injury that was caused by the accident. However, the rules change when the liable party passes away before the plaintiff receives payment for their injuries. According to California Code of Civil Procedure Section 366.2, you have one year from the date of death to file a claim against the estate of someone that owes you monetary compensation.

Keep in mind that there are circumstances that can shorten or lengthen the amount of time you have to file a lawsuit. That’s why you should always confirm the amount of time you have to bring a legal action against a negligent party, or against their estate if the person is deceased. Please give us a call to learn about the statute of limitations that applies to you if you’ve been injured in a car accident.

Free Second Opinion Consultation

Even if you have a lawyer that’s currently representing you, the law entitles you to a second opinion at any point during your case. Here are some of the issues we can help you with during a second opinion consultation:

• I can’t ever seem to get in touch with my lawyer. What are my rights?
• Why is it taking so long to settle my case?
• Should I take the offer from the insurance company or is my case worth more than what my lawyer is telling me?
• Can I fire my lawyer even if I’m in the middle of a lawsuit?

If you can identify with any of these statements, don’t hesitate to give us a call. Since there is no cost to speak with us, you have nothing to lose by scheduling a free second opinion with the lawyers of Normandie.

Lawyers Experienced in Lawsuits against Deceased Individuals

We hope this article was helpful to you, but chances are, you have questions on your mind that are specific to your own accident. No worries, as we will offer you a free consultation with one of our legal experts. If you are interested in pursuing a legal action against the deceased person’s estate, you won’t pay us a single penny upfront as we operate under a contingency fee structure. That means all of our fees are paid by the defendant or their estate at the same time you receive your settlement. If we don’t win your case, the Zero Fee Guarantee is our promise to you that you won’t be responsible for any legal fees.

Our personal injury attorneys are available 24 hours a day, 7 days a week, so call us any time if you’d like to learn more about the process of suing someone’s estate after a car accident.

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