According to The Times-Picayune, a head-on collision that occurred on a Saturday evening earlier this month resulted in two fatalities. The accident happened on Louisiana Highway 16 just outside of Pine Grove in St. Helena Parish.
Louisiana State Police identified the victims as a 30-year-old woman from Baton Rouge and a 47-year-old man from Independence. The woman was heading eastbound in a Nissan Altima when she crossed over the centerline and struck the man’s vehicle in a head-on impact. The man had been driving westbound in a Ford F-150.
Neither motorist involved was wearing a seat belt at the time of the collision, and responders pronounced both dead at the scene. Investigators have not been able to determine why the woman veered into oncoming traffic in the first place, but troopers obtained blood samples from both drivers to conduct toxicology tests.
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If you or someone you love was severely hurt in a head-on collision with a drunk, distracted, or reckless driver, contact Laborde Earles Law Firm. We have helped accident victims recover more than $200 million in cash settlements and verdicts for personal injury cases. Call 800-522-6733 to schedule a free case evaluation with a car wreck attorney in Baton Rouge.
Can You File a Personal Injury Lawsuit against a Deceased Party?
If you were in a serious motor vehicle collision that resulted in the death of the driver who caused it, you may be wondering what recourse you have, if any, for pursuing compensation. Fortunately for car accident victims involved in fatal collisions, it is possible to pursue compensation via the deceased’s estate.
Fatal collisions are always tragic regardless of their cause, and the idea of seeking a settlement from a grieving family may seem unsympathetic; however, for those who survived the collision, the medical bills and other damages are going to add up quickly. If you can prove that the accident would not have occurred had the deceased not been driving in a reckless or negligent manner, you have every right to pursue compensation for the damages you have incurred, and you should not feel guilty for doing so.
How Is Suing an Estate Different from Suing a Person?
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If the defendant in your personal injury lawsuit is deceased, it is worth seeking legal counsel because your case will not follow the standard claims process. For example, even though the statute of limitations for personal injury claims is typically one year in the state of Louisiana, this deadline does not apply to those who are suing someone’s estate.
When the defendant is deceased, accident victims have considerably less time to pursue a settlement. Instead of following the proceedings set forth by personal injury law, they must follow those of probate law, which typically only gives them a couple of months in which to bring forth a claim.
If you were involved in a motor vehicle collision with someone who is now deceased, contact Laborde Earles Law Firm as soon as possible to determine the best way to proceed. A compassionate car wreck lawyer in Baton Rouge will assess the circumstances of the accident and help you pursue the compensation you deserve. Call 800-522-6733 to schedule a free consultation.