What If The Person At Fault For My Accident Is Deceased?

Why It Is Important to Work With an Attorney After a Car Accident

If you’ve sustained an injury in a car accident, hiring a car accident attorney is a critical step toward your recovery. A car accident attorney can especially help if you are wondering whether you can sue a dead person. They can determine the best course of action, including filing an insurance claim or lawsuit against the estate of the deceased.

Without the help of a legal professional, you may forgo important compensation and have to pay for accident-related damages out-of-pocket.

When you file a lawsuit against the estate or insurer of a dead person, you still need to take the same steps as in any other car accident claim. Here are the top benefits of working with a St. Louis car accident attorney in this situation.

Establishing Fault

Although an injured victim is allowed to obtain compensation from the estate of the at-fault party, they must demonstrate the liable party’s wrongdoing. Depending on the type of accident, it can be challenging to determine the liable party.

However, an attorney can apply their knowledge and experience to prove the driver’s negligence.

Some of the evidence required to prove fault in an accident include:

• Video surveillance
• Police accident report
• Images of the scene
• Eye witness statement
• Medical records
• Expert opinion

While you may struggle to obtain video footage, an attorney can tap on their network of experts to obtain various sources of evidence.

Proving fault can be challenging when one party is not there to admit what happened. The insurance companies or courts will not simply take your word that the deceased person was to blame since they are not available to defend themselves. Instead, you will still need sufficient evidence of liability to proceed with a claim.

“I’ve dedicated my entire life to helping our clients receive full compensation for their injuries.”

Gary Burger

Personal Injury Attorney

Determine Your Losses

You can only recover from an injury if you truly understand the value of your losses. In most personal injury settlement cases, economic damages form a substantial portion of the payout. Your attorney can prove your medical expenses with records, bills and other documentation. They can also prove your lost income with pay statements and similar documents.

You also need help from an attorney in calculating the following non-economic damages:

• Pain and suffering
• Emotional anguish
• Loss of companionship
• Loss of enjoyment of life

Without the experience of a car accident attorney, you could leave money on the table.

Settle at the Right Time

The insurer is likely to make a settlement offer immediately after receiving your insurance claim. Usually, the first move involves a low-ball offer in the hope that the injured victim accepts it without much consideration.

You need the help of a car accident attorney to evaluate each settlement offer by an insurance provider. An attorney will use various sources of evidence, including medical records, to demand a better settlement offer. Based on the strength of the evidence, an attorney can negotiate for a fair settlement value that matches your injury-related losses.

You only have limited time to sue an estate for personal injury in Missouri, so please contact a car accident attorney for help today.