Filing a Wrongful Death Claim Against Deceased At-Fault Driver

It is an unfortunate fact that some car accidents result in death. When a victim dies in an accident due to the negligence of another driver, his or her estate (usually represented by surviving family members) can pursue a claim on the decedent’s behalf. If you are looking to file a wrongful death claim against a deceased person, you will be dealing with his or her estate. The person named as the deceased “executor” or “personal representative” will be asked to represent the deceased at-fault party. The at-fault party’s estate is comprised of the property he or she left behind after death.

In most wrongful death cases when the at-fault driver is deceased, their estate will need to pass through a probate process in court before you will be able to proceed with your case. During this process, an estate is divided to pay debts and deliver inheritances to the person’s beneficiaries fairly. By pursuing a wrongful death claim, you will become a potential creditor, and the estate will need to pay you a settlement.

Making a Wrongful Death Claim

Since wrongful death claims are governed by a statute enacted by the legislature, the persons who are entitled to recover claims are set by statute. In addition, the types of damages a person may recover are set also by statute.

Receiving Compensation for Wrongful Death

When a person is wrongfully or negligently killed because of another, family members of the deceased have a right to compensation. The wrongful death attorneys at Parke Gordon Law Firm in Salem has helped clients recover substantial monetary settlements from the negligent persons who caused the wrongful death. Many different factors will determine the amount of compensation you may receive for a wrongful death such as:

• Proposed income from the deceased
• Savings of the deceased
• Number of dependents
• The degree of negligence that caused the wrongful death

Contact a Wrongful Death Attorney Now

Contact a wrongful death attorney to find out if you are entitled under the statute to bring a claim and, if so, what types of damages you are entitled to recover.  We are aggressive, experienced, and trusted. We will fight to ensure you get a fair settlement. Call (971) 915-4878 now for a free consultation.