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Can I Recover Damages from a Car Crash if the At-Fault Driver Died?

If you or a loved one were in a serious car accident, you probably feel scared and anxious about how you will pay all your bills. You may have life-altering injuries that will require years of recovery before you can resume your former life, if ever. If the accident was so severe that the driver who hit you died from their injuries, you may feel torn about having compassion for them, but at the same time, worried about where to turn to recover the compensation you need.

You are entitled to recover compensation for your doctors’ bills, hospital bills, medication, physical therapy or rehabilitation, nursing assistants, medical devices, lost wages, and future lost wages. You can also recover non-economic costs to compensate you for the intangible impact on your life, such as pain and suffering, loss of enjoyment of life, and punitive damages (in some situations).

The first step in recovering damages is contacting a personal injury attorney who specializes in car crashes. Your attorney will make a claim against the deceased driver’s car insurance. Even though the driver has died, the insurance policy will still pay out for your damages that the driver caused. Your attorney will negotiate a settlement with the insurance company, or if the insurance company is not being as responsive as they should be, your attorney will take them to court.

If the negligent driver did not have insurance or did not have enough, your attorney will file a claim against your own uninsured / underinsured drivers insurance to secure the funds you are owed. This process is similar to making a claim against the negligent driver’s insurance company. In some cases, it may be possible to stack the negligent driver’s liability insurance with your own uninsured/underinsured coverage to receive the full compensation that you need.

The third option is to make a claim against the estate of the deceased driver. When their estate goes into probate (the court proceedings to pay off a deceased person’s final debts and distribute their remaining assets to their heirs and beneficiaries), your attorney will make a claim on their assets, along with any other people or organizations to which they owed money. Some victims prefer not to do this because they feel the deceased person’s family has suffered enough through their death. You do not need to feel guilty or insensitive about pursing this route; your own family will suffer if you cannot pay your bills due to the injuries that the deceased person caused.

ECanter Lawyers has the experience you need to handle a complex car crash. We are compassionate but also aggressive with pursuing negligent drivers and recovering damages for victims. If you or a loved one are the victim of a negligent driver, call us right away for a free consultation.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

ECanter Lawyers

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