Personal Injury MN Johnston Martineau

What if the person who injured me died in the accident? Can I still file a claim?

Personal Injury Lawyer

If you suffered an injury in an accident caused by someone else, contact our personal injury lawyer for guidance. Lawyers represent those who have been injured through no fault of their own. They help victims get the compensation they deserve and represent their best interests throughout the process. Serious injuries can have serious repercussions, including permanent disability. It’s important that you consider hiring an experienced personal injury lawyer to make sure you do not get cheated of the compensation you deserve.

If the individual who caused the accident passed away in the same accident, the thought of pursuing compensation may feel awkward and confusing to you. And from whom do you seek a settlement?

Who can be held responsible for paying for my damages?

If the at-fault person caused the accident that hurt you and resulted in their death, you may still be able to file a claim to recover your damages. Every accident is different because of the many variables involved. This includes how the accident happened. In terms of who can be held responsible for paying for your damages that were caused by the deceased, here are some general guidelines:

  • If the accident happened under the umbrella of insurance coverage, your personal injury lawyer can file a claim with the deceased’s insurer. This includes car accidents, slip and fall accidents in a retail or commercially owned establishment, medical malpractice, and other scenarios where the liable party was insured for the activity that occurred.
  • If the accident happened and the deceased did not have insurance coverage, then your personal injury lawyer may have the option of filing a claim against the deceased’s estate. In this way, if your claim is successful, your damages would be reimbursed by the estate before the assets transfer to the designated heirs. If a claim is not successful, your personal injury lawyer may advise that pursuing a lawsuit against the estate is your best option.

What kinds of damages can I recover from the accident?

When a personal injury lawyer accepts a case, one of the first tasks is to determine which of the damages suffered by the client is eligible for being included in the injury claim. As there is a wide range of accidents for which a claim may be filed, the types of damages will vary depending on the circumstances. Your personal injury lawyer can provide you with a clearer understanding after a review of your case. Here are some general guidelines:

  • Medical treatment costs from emergency transportation to the hospital to emergency room treatment to surgery to hospital room costs. Basically, any medical costs associated with your injury from the accident.
  • Income that you are unable to earn while you stay home recovering from your injury.
  • Additional damages as they apply such as pain and suffering, mental anguish, loss of consortium, etc.

If you suffered a major injury in an accident caused by someone else, whether the at-fault party survived or not, contact a personal injury lawyer Milwaukee, WI relies on for a free case review.

Thank you to our friends and contributors at Hickey & Turim, SC for their insight into personal injury cases and complicated claims.

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