Schlachman, Belsky, Weiner & Davey, P.A.

Baltimore Law Blog

When a person dies, it can leave behind a number of questions for survivors. This can be particularly true where a person dies as a result of a car accident. What's more, for others who are injured in an auto accident caused by the deceased person, it can present questions of what steps to take to receive compensation for serious injury.

One individual may be asking these questions after a recent crash in Maryland left the person with injury. The accident occurred after a driver went over a highway overpass and hit another car on the Interstate below. The driver of the first vehicle died as a result of the crash. Meanwhile, the driver who was hit by the first vehicle went to the hospital with injuries.

While police continue to investigate the matter, thus far it is unknown why the first driver lost control of his vehicle. They are asking anyone who may have witnessed the crash to conduct them with information.

Meanwhile, the driver injured in the crash may wonder whether he can receive compensation for his injuries in a personal injury lawsuit, given that the driver who hit him is now deceased. Fortunately, a lawsuit is not barred in such circumstances, as a person may sue the deceased person's estate.

There are important considerations in such cases, however, including issues with the statute of limitations when filing a claim against a person's estate. Typically, if a personal representative of the estate knows of the potential claim, he or she must notify the injured party and advise that party to make the claim by a set deadline.

Ultimately, a person may still recover in a personal injury lawsuit based on a deceased driver's negligence. However, given the unique nature of the case, a person in such a situation will want to work with an experienced attorney who can ensure the claim is timely filed and properly litigated.

Source: Baltimore Sun, "One man killed in car accident Thursday morning on I-95 near I-195," Dec. 13, 2012

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