An injured person in Florida may recover damages, even if the at-fault driver died in the accident. However, there are additional complications to consider. It is usually more challenging to reconstruct the crash without the deceased’s testimony. Further, recovering compensation for the plaintiff’s losses can be more complex as they could be making a claim against the estate and not an individual.
A skilled Florida car accident lawyer from Kogan & DiSalvo could review your case and determine an appropriate course of action. Contact us today for a free consultation. As South Florida’s premier law firm, we use our considerable resources to negotiate with insurance companies and estate representatives and fight for your rights to recover damages—even if the at-fault driver is deceased.
As noted, the aftermath of a car accident can be challenging, especially if the at-fault driver is deceased.
There isn’t an opportunity to hear the at-fault driver’s version of the accident. Without their testimony, it could be more challenging to reconstruct the accident and events leading up to it–as you must rely on witness accounts, police reports, and expert opinions to determine fault.
Another challenge is assessing whether the at-fault driver’s insurance policy will cover your damages. Insurance companies could use many reasons to deny coverage. For example, the insurance company’s payment processor had a glitch, and it charged the credit card a day late. The deceased person knew this and had an email confirmation, but their estate representatives might not have access to the email and probably cannot prove continuous coverage.
Your attorney will work directly with the insurance company but may also need to speak with the estate administrator. If the insurer denies the claim or the liability coverage is too low to cover your damages, your attorney may need to file a claim against the estate. This may require involving probate court, which will probably add more time to your case.
When the at-fault driver’s estate has limited assets, you may face difficulties recovering the total damages owed. Matters may become more complex if that person has dependents and has already listed them as beneficiaries. An experienced attorney can tackle this and other issues.
You may request economic and non-economic damages as part of your settlement. Here are the main components of these two types of compensation.
Economic damages compensate injured persons for the monetary losses from an accident. Here are some examples that your car accident attorney in Florida may request:
Non-economic damages compensate injured persons or survivors for losses that do not have a specific monetary value. These are more difficult to calculate, but each law firm has a formula for putting a dollar amount to these and other examples:
If the case is successful, you may receive several thousand or upwards of a million dollars—if your injuries are severe or debilitating. Compensation in these cases will vary significantly based on these and other factors:
Insurance coverage plays a significant role in recovering damages. Consider the issues in Florida and why you need an experienced lawyer:
If you or a loved one suffered injuries in an accident caused by a deceased at-fault driver, contact us at Kogan & DiSalvo for a free consultation. We could assess your accident, determine if you have a personal injury claim, and answer all your questions. There is no obligation to hire us—and since we work on a contingency basis, there are no upfront legal fees. We look forward to hearing from you.