Some Things to Consider When the At-Fault Driver Passes Away 

Posted: September 29, 2022

Filing a lawsuit after a car accident injury can stir an odd mix of feelings, especially if the driver at fault died in the crash. Important deadlines take effect after a car accident, however, including some relating to the  “statute of limitations. 

The statute of limitations limits how long after an accident the at-fault party can be sued and found liable, but it can vary  depending on the situation. While normally a firm deadline, the statute of limitations sometimes can be tolled, or delayed.  One toll addresses the “[d]eath of person liable.” 

The statute of limitations within which the estate of the at-fault driver must be sued is generally delayed for 18 months, meaning that the limitations period may not begin to “run” until 18 months after the death. This gives the injured person time to ensure that the at-fault driver’s estate is properly established. Every situation is unique, however, requiring analysis of the unique circumstances. For example, some other deadlines may not be tolled, requiring more prompt action.  

Hurt in a  Car Accident? Contact William Mattar, P.C. 

William Mattar, P.C. can help injured people assert a claim for pain and suffering after a car accident. Our attorneys have the skills and experience to investigate and advance the claim on your behalf.  Contact us today for assistance. We have offices in Syracuse, Buffalo and Rochester and we represent clients throughout New York State.  Call (844) 444-4444.

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