Being involved in a car accident where you are the victim is traumatic enough. After all, you may have suffered from substantial emotional trauma in addition to the physical injuries and property damages which you have sustained. Your natural reaction would be to hire a personal injury lawyer who will help you craft a powerful personal injury lawsuit against the at-fault driver that would win. But what do you do when the at-fault driver dies in a car accident?
Did you know that you can still receive compensation?
Your personal injury lawyer in Baldwin Park and Apple Valley will inform you that all is not lost in this instance. You can still receive compensation, especially if you file a lawsuit against the at-fault driver’s insurance company or you sue his or her estate. However, if neither of these options are viable, you do have other alternatives which are discussed below.
Filing a claim with the deceased person’s insurance company
If the at-fault-driver had insurance, you and your personal injury lawyer can file a lawsuit against the insurance company. Make sure that the lawsuit clearly explains and analyzes the nature and cause of the car accident as well as who is at-fault. All of this must be supported by solid evidence. If you do this, the insurance company will be in much less of a position to lowball you into accepting a smaller settlement.
However, always be prepared to go to court with your personal injury lawsuit because the insurance company could always try to intimidate you in the attempt to pay a lower settlement or not pay the settlement at all. Your lawyer will do an excellent job of defending you in court against the defense and its arguments that the now deceased defendant was not at fault. Your attorney will negotiate and argue in your defense to obtain you the largest and most substantial settlement possible which will cover all of your expenses which resulted from the car accident.
Suing the deceased person’s estate
Personal injury lawyers know that this is always a viable alternative. You want to do this when the settlement from the insurance company does not cover your bodily injury, property damage, and other expenses. Your lawyer will negotiate for the fairest deal for you which may or may not occur in a court setting. However, suing the person’s estate is useless if the person has no tangible assets or money, so make sure that both are present in the estate before filing a lawsuit against it.You do have options when the at-fault driver dies to recover injury and damages even when the at-fault driver dies.