If the negligent driver is killed in the car accident, it does not mean the injured person cannot bring a personal injury claim. However, there may be complications.
When a car accident is the result of someone else’s negligence, you may be able to recover compensation for injuries from the at-fault driver. In the event of someone’s death in a car accident caused by another person’s negligence, the survivors can file a wrongful death claim. However, what happens if the negligent person dies in the accident?
Filing a Personal Injury Claim
If the negligent driver is killed in the car accident, it does not mean the injured person cannot bring a personal injury claim. However, there may be complications. In most cases, the victim can make a claim against the deceased person’s insurance company and the claim is handled in the same way as any other personal injury claim. If the claim cannot be settled through negotiations, a lawsuit may have to be filed. (Learn more – Claiming Damages for a Car Accident Injury)
Who would you sue if the negligent driver was killed in the accident? It depends on whether or not there is an administrator for the estate of the deceased driver. If there is an administrator, he or she takes the place of the deceased driver and litigation would proceed as usual. When there is no estate established and there is no one to legally represent the deceased driver, the injured person must request for an estate to be established and an administrator appointed.
Compensation for Injuries
The purpose of filing a personal injury lawsuit is to be compensated for any injuries sustained due to the negligence of another person. The injured person must prove that the negligence of the driver caused the accident and that he or she suffered injuries as a result. Appropriate evidence must be presented in support of the claim. The victim bears the burden of proof and collects all important documents such as police reports, medical records, accident scene photos, and any other piece of evidence that can help prove fault and injuries.
St. Louis Car Crash Lawyer
If you have been injured in an accident, you may be able to recover both economic and non-economic damages. Economic damages include medical expenses, lost wages, property damage, and other financial losses resulting from the accident. Non-economic damages include pain and suffering, loss of consortium, and loss of companionship. Non-economic damages are usually awarded in case of serious injuries that adversely affect the victim’s quality of life. Talk to a St. Louis car crash attorney to protect your legal rights. Call The Hoffmann Law Firm, L.L.C. at (314) 361-4242 for a free consultation.