What Happens If an At-Fault Driver in a Florida Car Accident Dies After the Accident?

A loss of life in any capacity is a great tragedy.  An arguably greater tragedy is finding out that your loved one passed away due to a crash that was their fault.  The simple answer is yes- regardless if a person passed away or not, in the state of Florida you can still pursue a claim for injuries and pain and suffering from the deceased persons estate or insurance company.  We’ll break down the two options you’d have to make a recovery for your injuries below as well as include some tips and trick to make sure you hire the very best legal team to assist in the process. Trial Pro, P.A.
250 N Orange Ave 14th Floor
Orlando FL 32801
(407) 300-0000

Your first option would be to file a claim against this persons estate.  An estate can be defined by basically anything that a person leaves behind such as assets and property. Typically, when these estates are set up they are left to a specific person or someone is appointed as the representative for the estate.  This can be a child, spouse, friend or close family member to the deceased party.  There are a lot of details that go into pursuing a claim against the deceased party’s estate, but rest assured that hiring an experienced legal team such as Trial Pro will allow that process to be much smoother. 

An experienced attorney will make sure that you understand how these types of claims work and they will make sure important things such as deadlines and strong case details are in place to commit to getting you the recovery you deserve. Often times accidents where a party passes away are extreme and bring about a lot of stress and chaos to a person’s life.  Making sure the legal team you hire is communicative and clear of what’s expected every step of the way will make for a much simpler process with a whole lot less stress. A lot of times these things end up in court and undergo what’s called a probate process.  This process will allow for the estate to be divided between the parties that are owed compensation.

                 The other option to be compensated for your injuries and or pain and suffering as a result of a collision is to pursue a claim for your loss against the driver’s insurance policy directly.  This process is a bit more common and a little less complicated than handling things through the persons estate.  Regardless if a person passes away as a result of a crash.  The insurance company of the responsible party can and will still be held responsible for the crash.  A great example is someone driving under the influence and causing an accident and later passing away as a result of that accident.  The insurance company for that at fault driver will still accept liability for the crash and allow the injured parties to pursue a claim under the insured policy.

                This process can also be facilitated by hiring a personal injury attorney such as Trial Pro.  Your legal team of professionals will help you to build up your case and present a valid claim to the insurance company.  They would make sure to gather the police report, witness statements if any, medical records, imaging records and pain and suffering information to properly present a claim to the insurance company and get you properly compensated for your losses.  Its imperative that your legal team prepare a strong case on your behalf so that you don’t run into any miscommunication errors along the way.  The best way to do this is by having you comply with all the necessary treatment required to treat your injuries.  By doing so you will give all the ammunition via your medical records/history and current injuries, that your attorneys need to fight for you in the mists trying of times.

                A concern that we think is always valid is feeling guilty or hesitant to make a recovery from a deceased persons insurance or estate.   This is completely understandable especially considering the person has passed as a result of the crash.  It’s also important to understand that if you are injured or have suffered a great loss you are entitled to compensation for said losses.  Also, very important to note is that often times these types of claims wont financially burden the families of those involved especially if its claims towards the insurance company responsible for the crash. 

                In some circumstances, both parties can lose their lives as a result of a collision.  In these rare but possible circumstances a wrongful death lawsuit can be filed for compensation to be given to the families of the deceased.  Though also important to note that many of these cases won’t have to be on a court level some can.  It’s normally on a case by case basis taking into consideration severity of the collision and losses as well as other factors that are important to the case details.  If a case has to go into litigation it’s imperative you hire experienced attorneys that are used to being in a court room and comfortable handling different levels of this type of legal work.

                Our experienced legal team at Trial Pro is equipped with over 50 years of combined experience in making sure you and your loved ones are fairly compensated as a result of a collision.  Especially if a deceased party is involved.  Not every case is the same and not every case will be a complicated mess that needs to be sorted.  However, with every case it is extremely important to have a team of legal professionals that will be there to guide you every step of the way during this process.  Our goal at Trial Pro is to make sure you have all the information you need to understand how your case will go from start to finish.  We make sure to stay in constant communication with our clients because we know just how difficult a time a family can go through after a serious crash resulting in injuries and irreparable damages.