The Earth belongs to the living,

not to the dead.
Thomas Jefferson

To put it plainly, since a deceased person cannot defend himself/herself, you cannot sue them directly.  But that’s not the end of the matter.

If someone you love has been the victim of a fatal accident caused by the negligence or carelessness of someone who also died, you may be able to file a wrongful death claim against that person’s estate.  The estate could be held liable for damages and compensation can be pursued. You’ll have a small window of time to submit your claim after the executor has given you a notification of death (usually about 2 months), so you’ll need to act quickly.

If you file your claim with the deceased person’s estate executor and that claim is ignored or outright denied, you’ll proceed with a lawsuit.  In any case, the sooner you contact a trusted wrongful death attorney, the better.

An experienced Aventura or Miami wrongful death attorney can help you understand your options for monetary compensation. At Nuefeld, Kleinberg, & Pinkiert, our payment philosophy is No Win – No Fees or Costs. If you have questions regarding pursuing a wrongful death suit against the estate of the deceased at-fault party, contact Neufeld, Kleinberg & Pinkiert, PA today.