Claims can be filed against estates in motor vehicle accidents

Post on behalf of Thomas J. Ueberschaer PA on Monday October 10, 2016

There is no rhyme or reason in who will survive a crash. In many instances, the drivers who are at fault in motor vehicle accidents do not survive, which means that the victims and their families will not receive any closure from the criminal justice system. However, in those instances, the victims can file personal injury claims — or wrongful death claims if the victim died — in a Florida civil court against the estates of the deceased drivers in an effort to receive the closure they need, along with a monetary judgment for the damages they incurred in the aftermath of an accident.

For instance, a 55-year-old man recently died in a crash that was believed to be caused by him. He was headed westbound on State Road 26 on a recent Thursday shortly before 6:45 p.m. At that time, he veered into the eastbound lane directly into the path of a vehicle driven by a 52-year-old woman, and their vehicles collided head-on.

The woman suffered injuries that were reported to be critical. Her current condition is not known. The stretch of road where the crash took place was shut down for approximately four-and-a-half hours while officials conducted their investigation and cleared the scene.

The official report, along with any independent investigation, could provide the woman with evidence of the man’s negligence in a personal injury claim against his estate. If a Florida civil court determines that her injuries were the result of the deceased man’s actions, she could be awarded damages such as those sought in other motor vehicle accidents. Any restitution she receives could help with the expenses and other damages incurred during her recovery.

Source:, “Melrose man dies in head-on crash“, Michelle Ganley, Oct. 7, 2016

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