Life is unpredictable and sometimes, accidents can result in the tragic loss of life. In some circumstances, the person responsible for the accident may not survive. But what does this mean for you if you're the victim seeking compensation for your injuries and damages?
Pursuing a Claim Against a Deceased Person
In the unfortunate event that the person at fault for your accident dies, you will have to deal with their estate in court. An estate is the property a person leaves behind after they pass away. This property is represented by the individual named as its 'personal representative' or 'executor.' Consider the following scenario. You were in a collision with a drunk driver who, unfortunately, did not survive the crash. While it is a tragic situation, the fact remains that the intoxicated driver was at fault for the accident. Therefore, they are responsible for your injuries and damages, regardless of whether they survived the accident.
The Legal Process for Pursuing a Claim Against a Deceased Person
You are still entitled to compensation through a personal injury suit, but the legal process will be slightly different. In most cases, the deceased driver's estate will need to go through a probate process in court before you can pursue your claim. Probate is a legal process where an estate is divided to pay debts and distribute inheritances to the person’s beneficiaries in a fair manner. By pursuing your claim, you effectively become a potential creditor. The estate will need to settle its debt to you when your claim is finally settled or won. This process remains the same irrespective of whether the person from whom you are seeking compensation died because of the accident or due to unrelated causes.
How Legal Representation Can Help
In situations like these, it becomes even more crucial to seek legal representation at once. You will need to meet specific probate court deadlines when you file to protect your claim, among other steps. Having a competent legal team on your side can ensure that you navigate this process smoothly and secure the compensation you deserve. While dealing with a deceased person's estate might be different and more complicated than a standard personal injury suit, it is still possible to get compensation for your injuries and damages.
Don't Face Complicated Legal Challenges Alone - Let Paradowski Law Stand by Your Side
With over three decades of experience handling personal injury and wrongful death cases, our personal injury lawyers at Paradowski Law are equipped to help you pursue the maximum compensation you deserve. We're a Texas-based law firm, centrally located in College Station, serving Bryan, College Station, Central Texas, Houston, and Austin. Our team of skilled attorneys understands the toll an accident can take on your life - physically, emotionally, and financially. That's why we offer professional, compassionate, and accessible legal representation. We work on a contingency fee basis, which means you don't pay a penny unless we win your case. When times are tough, Paradowski Law is here for you. Don't navigate this challenging time alone, let our experienced team guide you through the legal process. Contact us today for a free consultation and let us help you get back on your feet.
Call (855) 524-2976 to schedule a consultation.