An 80-year-old Sodus woman is deceased after a crash involving two cars in Wayne County. The definite cause of the crash is still unknown and under investigation. Authorities claim that she was traveling west on Middle Road at approximately 1:30 p.m. She failed to stop at a stop sign, and struck a vehicle headed north on Centenary Road. That vehicle was driven by a 20-year-old Sodus woman who was also injured, and was transported to Strong Memorial Hospital for treatment.
Since the driver who most likely caused this accident is deceased, the injured driver of the other vehicle may be able to file a personal injury lawsuit against the estate. By doing so, and if the court rules in her favor, the estate would be ordered to pay medical bills, property damage, and any other damages allowed. In addition, her automobile insurance, if it was in effect at the time of the accident, should also still pay a claim.
Filing a personal injury claim against an estate is a complex matter that is highly advised to be handled by a skilled attorney. While there is a statute of limitation of two to three years to sue a person who is alive for damages, that time frame becomes much smaller when the Defendant is the estate of the deceased. A claim must be filed in the Probate Court within a set amount of time. By filing the claim, you are preserving your right to pursue compensation through the estate if a court determines you are legally entitled to it.
If you have been involved in a serious motor vehicle accident in which the person at fault is deceased, it is in your best interest to contact an attorney as soon as possible. There are strict deadlines that must be met to preserve your ability to receive compensation.