The New York Personal Injury Blog

Can I Sue If The Defendant Died?

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In a recent crash, that was fatal to four men and left 2 men in critical condition, police believe that speed  was the main factor. CBS 2 News reports that Wilmer Hernandez, 31, Jesse Maldonado, 19, Erlin Rubio, 24, and Jose Rivers, 31, all perished in the accident.  

The force of the accident was so great that when one of the cars hit another vehicle and a tree, "the car split in half on impact."

If speed was the factor that caused this collision, could the families of the victims (and the surviving victims themselves) could hire a New York injury attorney to sue the person responsible?

Since it is still unclear who the speeder was, not much can be done in terms of charges. Once the person who initiated the collision is discovered, a New York injury attorney can build a case of wrongful death.

If a guilty person did not make it through an accident, that does not mean that the fault is gone. The victims are still entitled to receive restitution for what happened to them. They can still sue that man's estate for hospital expenses, missed work, car repairs, etc (FindLaw).

If the true culprit turns out to be an unsafe road that did not have a sign warning about a curve or a slippery surface, then a person would most likely not be at fault.

The personal injury case will depend on the results of the investigation and the testimony of the witnesses.

If you have suffered a personal injury, but the guilty person is now deceased, you can still contact a New York injury attorney. A lawyer can tell you if you would be able to sue his estate. It is never too late for justice: not even in death.





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