You were involved in a truck accident in Boca Raton, FL where the at-fault driver was killed and you suffered serious or permanent injuries as a result. So, who do you turn to for the compensation you are entitled to for your medical expenses, lost wages, etc.?
There are actually several parties you may bring a claim (i.e. lawsuit) against, although it does depend on a few different factors. In this article, we are going to explore a few avenues you can take to help you get closer to recovering the money you now need for things like medical care, medical equipment, therapy, daily living expenses, pain and suffering, and more.
Potential Parties You Can File Suit Against After a Truck Collision
Before assuming that you would need to file a claim against the deceased driver’s estate, you may be able to bring a claim against their employer if they were working for an individual or company at the time of the collision. Most trucking companies are held liable for the accidents their truck drivers cause which is why they are required to carry large amounts of insurance. However, if the driver’s employer isn’tliable for the entire accident or the decedent wasn’t working for anyone at the time of the crash (i.e. they were driving their personal vehicle), then your next step may be to file suit against their estate.
Filing a Lawsuit Against a Deceased Driver’s Estate After an Accident
Filing suit against a person’s estate can be a complicated process and one you won’t want to undertake on your own. Therefore, consider contacting USAttorneys.com to get connected with a Boca Raton, FL truck accident lawyer who is familiar with this process and is qualified to help you. One of the reasons why it is so difficult for a victim to file suit against a decedent’s estate after a fatal accident is because their estate is likely going to go through probate.
Probate refers to the legal process an estate must go through in order for a will to be proven and property to be distributed. The only time an estate won’t go through probate is when the decedent made arrangements ahead of time to avoid it. Because probate typically occurs after a person has passed away, you can expect their assets to be dispersed to various individuals which can make it even more difficult for you to recover what you are due.
Now, in the event you exhaust all options that would allow you to recover compensation for your losses, you may be able to bring a lawsuit against one of the decedent’s heirs who inherited assets from him/her. You should definitely consult with a truck accident attorney in Boca Raton, FL if you are considering this option. Something to keep in mind as you consider who you should file your lawsuit against is the timeframe you have to bring your claim against another party.
The State of Florida does limit how much time you have to file suit, which we refer to as the statute of limitations. To find out what this timeframe is or if you have a viable case, contact a Boca Raton, FL truck accident law firm as soon as possible.