Unfortunately, many truck accidents in Nevada are fatal. In many cases, the person that dies is the truck driver at-fault. So, one of the most frequently asked questions Silver State residents ask is, “Can you sue for compensation if an at-fault truck driver dies following an accident in Nevada?”
Even though the circumstances are unfortunate, you can file a lawsuit against a deceased at-fault truck driver to seek compensation for injuries and other damages. In this post, we’ll briefly explain the process and the importance of hiring an experienced Nevada truck accident lawyer for this sensitive case.
Filing a Claim Against the Driver’s Insurance Company
If you’ve been involved in a truck accident where the at-fault driver dies, you must file a claim with the driver’s insurance company to reach a settlement agreement following negotiations. You can deal with the process yourself. However, you should seek legal representation to ensure you get the representation you deserve.
In some cases, the insurance company can reject your settlement demands, leaving you no choice but to file a lawsuit against the deceased driver.
Filing a Lawsuit Against a Deceased At-Fault Truck Driver’s Estate in Nevada
Nevada is an at-fault state. Therefore, the person responsible for an accident is liable for the damages regardless of whether they’re living or dead. So, even if a truck driver dies after causing a crash, the injured party can file a claim for compensation with the driver’s insurance company.
According to Nevada Estate Laws, you must deal with their estate in court if you’re looking to file a suit against a deceased person. In other words, the driver’s representative or executor will represent them in court.
In many cases, the deceased driver’s estate will go through probate in which all assets and properties will be divided to deliver inheritances and pay any debt. So, when you file a truck accident lawsuit, you become a potential creditor of their estate. In other words, if you win or settle, the estate will be used to cover your economic and non-economic damages.
This process usually comes in when the victim’s demands for compensation are not met by the deceased at-fault driver’s insurance company, even after proving liability. Or, the driver didn’t have enough insurance to cover the total costs of damages. Therefore, hiring an experienced truck accident attorney to file a lawsuit against their estate is usually the step taken to recover the compensation you need.
Contact a Nevada Truck Accident Lawyer Right Away!
Bourassa Law Group has an experienced and highly reputable team of Nevada truck accident attorneys who will listen carefully to the details of your accident and help you get the compensation you deserve. We understand the complexities involved in truck accident cases where the at-fault driver dies.
So, you can rest assured we have the tools and resources to tackle every obstacle while you focus on your recovery. Feel free to contact us for a consultation at 800-870-8910 and let us discuss your case in detail.
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