Can I Sue for Damages if the Negligent Party Dies?

Accidents happen. It is a part of life that we must live with no matter how safe we are. However, when you are injured in a car, construction, truck, or any other type of accident that wasn’t your fault, you deserve compensation for your injuries. Holding the at-fault party accountable for their negligence ensures that you do not have to pay for medical care out of your own pocket.

A personal injury claim is easy to file when the negligent party is alive and able to answer for their actions. But, what happens if the negligent party has died? Can you still seek compensation from their estate or insurance company? The Oklahoma City personal injury attorneys at Cunningham & Mears explore this topic in today’s blog post.

How does Oklahoma handle fault in injury cases?

Before we can dive into how you can claim damages from a deceased negligent party, we must first discuss fault. Oklahoma is an at-fault state, which means the responsible party will have to pay for damages they cause in an accident. However, Oklahoma also recognizes comparative fault, which means that your compensation will be reduced by the percentage of fault you held in the accident. If you were 49 percent responsible for the crash or accident in which you suffered injury, your award will be reduced by that amount, as long as the other party had a higher amount of responsibility in the incident.

Since Oklahoma is an at-fault state, the responsible party will have to pay for the damages incurred in the accident. This is true even if the negligent party dies before a claim can be filed, or while one is in motion. If the negligent party did not have insurance, or the limits of the policy were too low, you might be eligible to file a claim against their estate. Doing so makes your case a lot more complicated, which is why you need an Oklahoma City personal injury attorney on your side.

Filing a claim against the negligent party’s insurance policy

Even if the negligent party passed away, you can still file a claim against their insurance policy. In fact, it is the first step you should take when seeking compensation for injuries caused in any accident. For example, if you were injured in a crash with a drunk driver and the driver died due to the injuries they suffered, you can still file a claim against their policy for your injuries and the damage to your vehicle.

What if the negligent party did not have insurance?

You may also run into the problem of the negligent party being uninsured or underinsured. It is a smart idea to carry underinsured/uninsured motorist coverage on your own auto insurance policy. This rider covers you in the event that you are injured in an accident with an underinsured or uninsured motorist. Having this coverage on your policy protects you to an extent, but still might not help you recover the compensation you deserve. You should also explore this option if the negligent party did not have an estate when they died.

Filing a claim against the negligent party’s estate

You might need to file a lawsuit against the estate of the negligent party if they died following the accident and their insurance policy does not provide enough coverage for your claim. Even though most personal injury claims do not reach trial, yours might if you have to file a lawsuit against the negligent party’s estate.

The estate will be represented by a relative, typically a spouse, child, or parent. If there are no surviving family members of the negligent party, the person who inherits the estate will be the responsible party. In many instances, the estate will first need to go through probate. Probate is the process of dividing an estate so that debts of the decedent can be paid and the inheritance can be handed out to beneficiaries.

By filing a lawsuit against the negligent party’s estate, you in essence become a creditor of the estate. This means that if you win the claim, the estate will need to pay its debt to you in order to resolve the issue. It is important to note that the process does not change based on how the negligent party died (from injuries caused by the accident or from unrelated issues).

Building a strong personal injury case

No matter which avenue you pursue against the negligent party, ensure you have the following in order to build a strong personal injury case:

• Pictures of the crash scene, vehicles involved, hazardous conditions, and injuries you suffered
• That a police report was filed
• That you have a copy of the police report
• Insurance information for the deceased party
• Statements from everyone who witnessed the accident
• Copies of medical records
• Copies of bills related to your medical care stemming from the accident
• Receipts for repairs made to your vehicle

Does the Oklahoma statute of limitations matter?

When injured in an accident, you have just two years from the date of the incident to file a claim. It is important to note that the statute of limitations remains in effect even if the negligent party dies. This means that you must file the claim, whether or not the negligent party is alive, before the two-year window expires. If you miss the deadline, your case can be dismissed by the court. Ensure you consult with an attorney as soon as possible after your accident, no matter the circumstances.

Were you or a loved one injured in an accident? Seeking compensation should be a top priority along with recovering from your injuries. Even if the at-fault party died, you can still seek damages for your losses. Call the experienced Oklahoma City personal injury attorneys at Cunningham & Mears at (405) 232-1212, or complete our contact form to schedule a consultation today.