What to Do If The Person Who Injured You Died

Experiencing an accident is distressing. On top of the emotional fallout, it can lead to serious medical and financial issues. You can file a personal injury claim to recover damages from the person who caused your injuries. What do you do, though, if the person who caused your injuries dies? Where do you go to seek the compensation you need to pay for your medical expenses, lost wages, and emotional pain? You can still make a legal claim, but the process is different than other cases. You do not have to go through this alone. An experienced personal injury lawyer can help you get compensation for your injuries from the person at fault—or their estate. Schedule a free consultation with the attorneys at McPartland Law Offices to see how we can put our experience to work for you.

Can You Sue a Dead Person in the State of Washington?

You cannot sue a dead person directly in Washington. You can, however, file a claim against the dead person’s estate to seek compensation for your injuries.

Washington’s probate code establishes procedures for making claims against an estate. The probate system appoints individuals to represent estates. These individuals, known in Washington as the personal representative, are responsible for paying the debts of the estate and distributing the remaining assets to the beneficiaries. This might be a surviving spouse, other family members, or other people that the deceased person designated in their will.

Not every deceased person’s estate has to go through the probate process. Estate planning attorneys know many ways to help people avoid probate, or at least keep some assets out of probate. Assets held in a living trust or that have direct beneficiary designations will not be part of the probate case.

If you bring a personal injury lawsuit or claim against a deceased person’s estate, any recovery not covered by insurance would have to come out of the estate’s assets, if there are any. The time line for pursuing an estate’s assets is very, very short, whereas the timeline for pursuing insurance coverage is subject to the same rules that apply to living tortfeasors. Liability for your injuries will not extend to the deceased individual’s family members after their death.

Who Can I Sue If the Person Who Injured Me Died?

The deceased person may designate someone in their will who will act as their personal representative after their death. If the person dies without a will, a family member may ask the probate court to appoint them as personal representative. This individual is in charge of managing the estate’s assets and debts, including any outstanding legal issues.

A personal injury attorney can help you prepare a claim to submit to the decedent’s personal representative. They can guide you through the legal process that the probate courts use for handling personal injury claims.

If there is no estate already set up, your injury attorney can coordinate to have one established for purposes of pursuing the lawsuit. Usually, this requires additional coordination with a probate attorney in order to ensure the process is handled effectively.

What Are the Steps to Suing a Deceased Person’s Estate?

Below are the steps involved when you sue a deceased person after they caused a personal injury.

Receive a Notice of Death

The personal representative must notify all of the decedent’s creditors within four months of the date they began acting as personal representative. Since you contend that the decedent owed you money for your injuries, you are a creditor of the decedent’s estate.

Make a Claim

The notice from the personal representative should include a deadline for submitting claims. This is usually at least a month or two from the date of the notice.

You can file a claim even if you did not receive a notice of death. You might need to check the probate court records to see if a probate case is open and to identify the personal representative.

If you want to file a claim, you can do so with the personal representative. You can send a claim in almost any form unless the notice specifies a form you must use. The personal representative will handle everything through the probate court. Any compensation you receive will come from the estate’s assets.

Go to Court

Once you have submitted a claim, the next step is to wait. You might need to go to court to provide testimony about the incident that led to your claim, your injuries, and the damages you are seeking. An attorney can prepare you for this.

Will the Dead Person’s Insurance Company Cover the Damages?

The deceased person’s insurance company might pay for your damages if the policy is still active. You can submit a claim to the insurance company and see if the policy is still relevant. However, if the personal representative allowed the policy to lapse, the insurance company will not pay your damages.

Why Clients Choose McPartland Law Offices

McPartland Law Offices have helped accident victims in eastern Washington state recover compensation for their injuries for more than a decade. Our attorneys have received recognition from the National Trial Lawyers Top 100 and other professional organizations. The law firm’s successes include:

• A $2.025 million settlement in a Grant County truck accident/wrongful death case
• A $400,000 settlement in a Spokane County rear-end collision case
• A $295,000 settlement for a car accident case on Highway 395

Testimonials

“I was so nervous, because I had never been involved in a car accident and personal injury case before. From the first day that I came into the office, I was immediately put at ease and was comfortable handing everything over to you. You handled everything, and I could focus on running my business.” – Mary.

“I actually began my case with another law firm, before my accountant referred me to McPartland Law Offices. I had been injured on the job, and my employer was making things very challenging for me, primarily by misrepresenting things to the Department of Labor & Industries. From the beginning, McPartland Law Offices aggressively pursued a fair time loss calculation from my employer and the Department of Labor & Industries. When my employer retaliated against me and fired me, Mr. McPartland brought a claim for discrimination and retaliation, which was ultimately resolved for a six figure settlement that was life-changing money for me and my family. I was impressed that every avenue was so thoroughly explored on my behalf, to ensure that I was treated and compensated fairly. I am very happy that I found McPartland Law Offices.” – AG.

“When all others wouldn’t take or wanted nothing to do with my case, he took it and stuck with it and saw it through til the end. Bryce also was determined to get me what I deserved. He always was honest and held nothing back. He also kept my husband and I very informed and was very professional. My family and I are thankful for his hard work and determination on my case and believed in my case. I would recommend him to all anybody who needs legal help. Thank you again Bryce.” – Joey J.

Need Guidance on Your Legal Options? Contact Us Today.

Get clarity on your legal options — contact McPartland Law Offices at 509-495-1247 or through our online contact form to set up a free consultation on filing a claim.