How Auto Injury Lawyers in Birmingham, AL File Claims Against Deceased Drivers

by | Jun 25, 2024 | Accident Lawyer

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If you were in a car accident where the at-fault driver died, you can still receive the compensation you deserve. Filing a claim against someone who has passed is more complicated legally, especially if a lawsuit needs to be filed, but with the help of auto injury lawyers in Birmingham, AL, you can receive financial compensation to cover medical bills and missed wages.

You Still Have a Claim

Negligence claims can be summarized as whether someone else’s negligent actions led to your damages, regardless of whether that person is living. You should file a claim with the other person’s insurance and enter into compensation negotiations. It’s best to hire an auto accident attorney in Birmingham, AL, to help in the negotiations because insurance is never willing to pay out what you’re owed.

Failed Negotiations

If you cannot come to a fair agreement with the deceased’s insurance company, so long as there is sufficient evidence that the deceased was at fault, you can file a lawsuit against the deceased’s estate. However, there will need to be adequate insurance coverage.

Insufficient Insurance Coverage

If the deceased did not have sufficient insurance coverage to cover your damages, their estate may be liable for paying the remaining amount. You’ll have to wait through probate, a period where the court recognizes the person’s death and facilitates payments of their debts. Your auto injury lawyers in Birmingham, AL, can guide you through this process

BKM Injury Lawyer has auto injury lawyers in Birmingham, AL, who can help you navigate insurance companies and the legal system if you’ve been in an accident where the at-fault driver passed.

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