If the At-Fault Driver Who Injured Me Dies, Can I Still Sue?

 Posted on January 22, 2025 in Car Accidents

Hanna City was the scene of a multiple-vehicle crash on January 16th that ended with one fatality, a vehicle fire, and four people injured. According to reports, the deceased driver initially hit the rear of a BMW SUV several times, injuring both of the SUV’s passengers. He then attempted to pass the BMW, hitting another vehicle head-on and seriously injuring its driver and a 13-year-old passenger. The driver of one of the vehicles reportedly died from injuries before it caught on fire.

If the driver who caused your car accident dies in the crash, can you still collect a payout since the at-fault driver is deceased? Do you need a lawyer to handle your claim? This situation happens more often than you might think, and working with an experienced Springfield, IL personal injury attorney can maximize your compensation.

Can I File a Personal Injury Claim Against Someone Who Is Deceased?

Personal injury cases are typically handled by filing an insurance claim against the at-fault party’s insurance policy. Exceptions could apply, such as in car accidents involving a hit-and-run crash or uninsured/underinsured motorists. Assuming the deceased driver had car insurance, your claim against that policy should still be valid. However, if that driver had no insurance policy, you would likely need to file your claim against the deceased driver’s estate.

The estate may have to go through probate before you can collect any compensation. There are deadlines for making claims against the estate, along with a statute of limitations for filing your personal injury claim. Missing the deadlines usually eliminates your opportunities to recover damages.

Why Should I Work With an Attorney After a Car Crash?

Even if the person who caused your accident died, you still suffered losses and deserve financial compensation. Still, it could be extremely uncomfortable to approach a grieving family asking for insurance information. Your attorney can handle every aspect of your case, including this one.

You will still need evidence to prove that the deceased driver was at fault, and he or she cannot provide input. Your lawyer can investigate your collision and preserve the proper supporting evidence for your claim. We will also calculate your damages and work to ensure that you secure maximum compensation.

All cases differ, but your damages could include:

• Medical treatment costs

• Property damage

• Lost income

• Pain and suffering

Many personal injury cases are complex, but the death of an at-fault party brings additional challenges and uncertainty. Fortunately, you do not have to face these complications alone.

Consult a Knowledgeable Champaign, IL Car Accident Attorney

Do not feel guilty for pursuing a car accident claim when the driver who caused your crash is deceased. You still experienced various losses and have the right to seek compensation. Call Kanoski Bresney at 888-826-8682 or contact us online to arrange your complimentary case evaluations with one of our dedicated Bloomington, IL personal injury lawyers today.