To put it plainly, since a deceased person cannot defend himself/herself, you cannot sue them directly. But that’s not the end of the matter.
If someone you love has been the victim of a fatal accident caused by the negligence or carelessness of someone who also died, you may be able to file a wrongful death claim against that person’s estate. The estate could be held liable for damages and compensation can be pursued. You’ll have a small window of time to submit your claim after the executor has given you a notification of death (usually about 2 months), so you’ll need to act quickly.
If you file your claim with the deceased person’s estate executor and that claim is ignored or outright denied, you’ll proceed with a lawsuit. In any case, the sooner you contact a trusted wrongful death attorney, the better.
An experienced Aventura or Miami wrongful death attorney can help you understand your options for monetary compensation. At Nuefeld, Kleinberg, & Pinkiert, our payment philosophy is No Win – No Fees or Costs. If you have questions regarding pursuing a wrongful death suit against the estate of the deceased at-fault party, contact Neufeld, Kleinberg & Pinkiert, PA today.