If a negligent motorist hits and injures you when driving, riding, or walking, they should take responsibility for your losses. However, if they succumb to their injuries, you might wonder how to pursue compensation. Ultimately, the best step to take is to contact a legal advisor. They will discuss your case to help you to understand the requirements for bringing a claim against the deceased motorist. They can then help you handle the complex legal process to ensure that you get justice. Find out more below.
When You May Have a Right to Sue
You may only have a right to take legal action if the deceased motorist's negligence directly caused your damages. First, your lawyer will thoroughly investigate the accident to determine whether this is the case. They will then file a claim with the deceased's insurer if needed. They will then negotiate with the insurance agents to ensure you get your rightful payment.
However, negotiations may not be effective if the insurance company refuses to offer you a settlement that meets your demands. In this case, your lawyer will have to file a lawsuit in court to enable you to get the payment you deserve. Litigation may also be necessary if there is not enough insurance to cover the cost of your losses. If this is the case, you will have to file a lawsuit in a probate court to enable you to get the payment you need. Your lawyer can help you to prepare and file a claim within the time set in your state laws.
Filing a Lawsuit against the Negligent Deceased Motorist
If the insurance provider refuses to offer you the proper compensation, your legal advisor can get additional evidence to strengthen your case. They can then file a lawsuit against the deceased motorist's estate. Additionally, they will represent you in your case to help you get justice. In this case, your lawyer will face off with the liability insurance company's legal team. During the court proceedings, your attorney will table evidence and get witnesses to testify to prove that you deserve a substantial payment. This might enable you to get a favorable settlement covering all your crash-related expenses.
Generally, you have a right to seek compensation even if the driver who hit you loses their life. However, these claims are usually challenging to pursue, making it essential to work with a car accident lawyer. They will handle the legal process for you to ensure you are compensated for all your losses.
For more information, contact an accident attorney near you.