What Happens About Compensation When the Defendant Dies
In the case of car accidents or other catastrophic personal injury accidents, serious medical problems may occur to one or both parties. Often one party may even be killed after a case has been filed before the litigation is resolved. While this situation is uncommon, many people do not know whether or not the case goes forward.
Wrongful deaths could become serious if the defendant has also died in your case. This is not uncommon, particularly when a driver who caused the automobile accident is also killed in a car accident. Most people tend to believe that if the defendant dies, you can't seek compensation. That's not real, however. Although this process is not easy, an experienced wrongful death attorney in McAlester will advise you and help you collect the compensation you deserve.
In those cases, the first thing to remember is to ensure that you file your wrongful death case within the limitation statute. By practice, there should be a time-limit for your petition to be filed. This allows you to establish your argument. In other words, if you fail to do so before and the statute of limitations passes, you may not be able to file your wrongful death suit. In most cases, the limitation period is two years from the date of death for wrongful death lawsuits.
Legislation allows claimants to lodge claims against a deceased defendant in alleged death proceedings. The defendant's car insurance company, for example, may receive money. You may not need to take additional steps when you have been adequately paid by the insurance company. But you might also have to seek compensation from the actual assets and other collectible properties, if that insurance was not sufficient to cover your damages.
How to Go for a Loss recovery
The law says that if an unlawful death lawsuit is filed against the succession of a decedent, the plaintiff can recover all damages, if the defendant is still alive and is the only exception, from punitive and exemplary harm. The claimant can recover damages that have been incurred if the defendant remains alive.
If you have lost a loved one due to negligence or crime, even if the perpetrator is dead, you may be able to remedy damages. You need an experienced, wrongful death attorney by your side who knows the laws and legal standards involved. You can visit Oklahoma Legal Team if you are looking for an experienced lawyer to deal with your case.
**Disclaimer: No content on this page is intended to be qualified legal advice; nor establish attorney-client privilege or terms of such a relationship.