Can I Sue Someone for Causing My Injuries if They Have Already Died?
Many serious motor vehicle or other types of accidents can lead to severe injuries or even death. While in many instances the person(s) who is killed is an innocent victim in the crash, sometimes the person who caused the crash also dies. So what happens if you have been seriously hurt in an accident in Streator, IL because of a negligent or careless driver, but that driver dies? Can you do anything to recoup damages for your injuries, pain and suffering if that person is no longer around to sue? Or, are you simply out of luck and left to deal with your injuries and their effects on your own life?
Fortunately, all hope is not lost. The law provides a way for those injured in an accident in Ottawa due to someone else’s careless behavior to still receive damages for their loss. Anyone who has been hurt in an accident can pursue legal action against the person who caused the accident, or against his or her estate if that person dies. However, even though you can file a lawsuit against the decedent’s estate, it still can be a very complicated process, which can also take a long time to resolve. That’s why having the help of an attorney is a very good idea.
When someone dies his or her assets and/or debts become part of the probate process. That means anything the deceased owned will be tallied up and become part of his or her estate. All debts must be paid off before the beneficiaries receive the portion of the inheritance that remains. By filing a lawsuit against the decedent you become a potential debtor to that person’s estate. However, when filing such a claim you will typically not have as much time after the accident to file as you would if the person were still alive.
At Brassfield, Krueger & Ramlow, Attorneys at Law, we understand that these types of situations can be very difficult. While you might feel guilty filing a lawsuit against the estate of someone who has died, the fact is, if that person’s reckless or negligent behavior has caused you significant problems then you should be entitled to compensation to help you recover from your injuries. Likewise, you should be fairly compensated for your loss of income, future earnings potential and loss of quality of life. If you have been hurt in an auto accident in Streator, IL, whether the person responsible lives or dies, then you should contact us at today at 815-315-9845.