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What happens to a claim if the at-fault party dies?

On Behalf of | Apr 2, 2025 | Personal Injury |

When someone’s careless actions injured you or your loved one, you have the right to seek justice through compensation. But what if the person who caused the death has passed away? Many families in Temple, Texas, face this exact situation and must know their legal options remain open. 

Your legal rights after the at-fault party’s death 

In Texas, the death of the person who injured you or your relative does not end your right to seek fair claims for what happened. You can still file your claim against their estate. The estate’s executor or administrator will handle the legal matters, just as the at-fault party would have if they were alive.  

Steps to file your claim 

Before you start your claim, you’ll need to know these key points: 

  • File your claim within two years from your loved one’s death date.
  • Name the estate’s executor as the defendant in your case.
  • Identify any active insurance policies from the time of the incident.
  • Submit your claim through the probate court system.
  • Seek compensation from estate assets or insurance coverage.

These steps must happen in order, and each needs careful attention to detail for the best outcome. 

Getting compensation from the estate 

The money for your claim can come from: 

  • The deceased person’s insurance policies 
  • Real estate owned by the deceased 
  • Bank accounts and investments 
  • Other valuable assets in the estate 

Remember that estate assets might go to other creditors first, so acting fast helps protect your rights. 

Time matters more than ever in these cases because estates don’t stay open forever. Plus, other people might also make claims against the estate. A quick talk with a personal injury lawyer in Temple can help you understand your next steps and protect your family’s interests during this challenging time. 

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