One person is dead and another is in critical condition after a car overturned and crashed into a house on Saturday, July 22nd. A spokesperson for the North Carolina State Highway Patrol said that state troopers responded to reports of an accident on Glade Valley Road in Alleghany County at about 5:30 a.m.
The driver liable for my critical injuries died in the crash. Can I still recover damages?
According to crash investigators, a woman driving a 2016 Ford Fiesta was traveling southbound on Glade Valley Road when she swerved over the centerline, left the roadway, overturned, and plowed into a house.
The driver died at the scene. She has since been identified as 23-year-old Abigale Victoria Henderson, of Ararat, VA. Her passenger was med flighted to a hospital in Winston-Salem in critical condition.
No one inside the home was injured and the house sustained minor damage.
Police said that reckless driving was a contributing factor in the incident.
If you were injured or lost a loved one in a car accident in North Carolina, the North Carolina car accident attorneys at Shapiro, Washburn & Sharp can help you establish liability and protect your right to financial recovery. Give us a call today to schedule your free consultation.
Is It Possible to Sue a Dead Person in North Carolina?
Ordinarily, if you are injured in a car accident, the person liable for the collision is financially responsible for any damages. From hospital bills, and lost income to pain and suffering, you are eligible to collect financial compensation from the at-fault driver’s insurance company.
What happens if the driver who caused the accident died? Can you recover your damages by filing a lawsuit against a dead person?
Yes, you absolutely can. If you want to pursue a personal injury claim against the deceased person who was at fault for your accident, you can file a claim against their insurance company or against their estate.
Filing a Claim Against the Deceased’s Auto Insurance Policy
If the driver at fault for a car crash dies in the collision, their insurance company is still on the hook for any claims brought against their insurance policy. For instance, if a drunk driver causes an accident that brings about their own death, you may file a claim against their auto insurance policy with the help of a seasoned car accident lawyer.
Filing a claim against a deceased defendant is difficult, but with the assistance of an experienced lawyer, you can obtain a copy of the police crash report from your accident, collect proof of your physical injuries and other damages, and build a compelling claim for recovery. Your lawyer can also negotiate a fair settlement with the insurance company on your behalf.
Filing a Claim Against the Deceased’s Estate
An estate is the assets and property that someone leaves behind when they die. The estate of the deceased is represented by an appointed personal representative, usually a spouse, parent, or child. The representative is responsible for handling probate, which is the process of dividing an estate in order to satisfy any remaining debts and oversee the execution of the deceased’s will.
Probate can be a complex process. If you sustained critical injuries in a car accident caused by someone who is now deceased, seek immediate legal representation and discuss your claim with a qualified North Carolina personal injury attorney who can ensure that you meet all deadlines, have ample evidence to build a strong claim, and make sure you receive just compensation.
Were You Critically Injured in a North Carolina Car Accident?
If you sustained critical injuries in a car accident during which the at-fault driver died, you can still bring a claim against the deceased. The North Carolina personal injury law firm of Shapiro, Washburn & Sharp is committed to helping our injured clients and their families through the recovery process. Our North Carolina car accident attorneys can answer any questions and address any concerns you have regarding your case, and recover full and fair financial compensation for any damages arising from the accident. For a free consultation, contact us by calling (833) 997-1774.