Who Do I Sue if the Other Driver Dies in a Car Accident?

Under normal circumstances, if someone is at fault in a car accident and the other driver or other driver’s passengers sustains injury as a result of the car accident, a lawsuit can be filed against the at fault driver. This is common practice in personal injury law and every person that is injured in an accident is entitled to this. There are uncommon situations that may arise when dealing with car accidents, however, and one such presents an interesting dilemma. Who would one sue if the at fault driver died in the car accident that he or she caused?

This is a grim situation, but one that occurs more often than one might think. In the event that the at fault driver dies in a car accident, the injured individual may still file a lawsuit, but it will be against the estate of the deceased rather than the driver. Most of the time, someone’s estate will be either a spouse or close family member, but it depends on what is written in the will of the deceased.

Although the proceedings of the case are more or less the same in this situation, the beginning stages may be delayed. After a person dies, his or her estate usually has to go through a probate period in which all debts and inheritances are dispensed. After this process has been undergone, a lawsuit can then be filed for personal injury or other relevant case.

Traversing through the legal process in both this and any other personal injury scenario can be tricky for most people. This is why it is important to have an attorney on your side to guide you through the process and assess what your best course of action might be. We at the Franco Law Firm would be happy to serve you in this role and you can schedule a free consultation with us today by calling us at (813) 872-0929.