When it comes to awarding damages following a motor vehicle collision, Iowa is a tort state, which means the parties liable for the accident must cover the damages that any victims incur. This legal doctrine provides peace of mind for those who make it a point to follow all the rules of the road. At the end of the day, they can reasonably assume that should they end up in a collision, someone else will pay for the damages—as long as they are not deemed at fault for the accident.
Of course, just because motorists must purchase a minimum amount of liability coverage in Iowa does not mean everyone does. If you were hurt in a car accident that was not your fault but the liable party does not have sufficient insurance to cover all the damages, the proceedings instantly becomes more complicated. In these kinds of scenarios, accident victims still have options, which include filing a claim with their own insurance provider, assuming they have uninsured motorist coverage or other applicable coverage, and bringing a personal injury lawsuit against the at-fault driver.
The proceedings are also inherently complicated in collisions that result in fatalities, even if all parties involved have adequate liability coverage. If you were hurt in a car accident that resulted in the death of the at-fault driver, you may be wondering how to seek a fair settlement for the damages you incurred.
Although it is possible to pursue compensation from a deceased motorist, doing so is typically more challenging because both personal injury law and probate law come into play. The emotional toll of suing someone who has died can also be more taxing. Even if the other motorist was clearly at fault, no one wants to add to a grieving family’s burden.
For these reasons, it is wise to seek quality legal counsel if you are involved in a fatal car accident that was not your fault. To discuss your case with a compassionate attorney who has experience dealing with grieving families, contact Eells & Tronvold Law Offices, PLC.
A compassionate Cedar Rapids personal injury lawyer can evaluate the circumstances of your crash and help you determine the most strategic way to proceed. Call 319-393-1020 to schedule a free consultation.
What If the Driver Who Caused My Accident Died?
Although you cannot technically sue someone who has died, you may file a lawsuit against the applicable estate. An estate essentially refers to the assets and property that are in an individual’s name upon his or her death.
Unless the deceased arranged to bequeath everything to specific beneficiaries via a trust, the estate will have to go through probate, and it is during these legal proceedings that you can pursue the compensation you deserve. If you intend to file a lawsuit against someone’s estate after sustaining serious injuries in a motor vehicle collision, it is important to remember that you have a limited amount of time in which to do so.
Whereas personal injury law in Iowa grants accident victims two years to file a claim in most circumstances, those who wish to hold a deceased motorist financially accountable only have a matter of months under probate law. For this reason, it is essential to call a lawyer as soon as you decide to bring an injury claim against someone’s estate.
A Cedar Rapids personal injury attorney from Eells & Tronvold Law Offices, PLC can help you gather evidence, calculate damages, navigate the probate proceedings, and negotiate for a fair settlement. Call 319-393-1020 to schedule a free case evaluation. If you want to learn more about car accident claims in Iowa, visit the USAttorneys website.
