Car crashes in Milwaukee can become even more complicated when the at-fault driver dies from their injuries. This tragic situation leaves many victims wondering about their legal rights and compensation options.
At PKSD, our Milwaukee car accident lawyers have decades of experience and understand the complexities of fatal crash cases. We have a history of legal teams helping victims navigate these challenging situations and secure the compensation they deserve. Our legal team helps victims navigate these challenging situations and secure the compensation they deserve. Contact our Milwaukee office today or fill out our online form today, to have a lawyer reach out to you. We are available 24/7 for you.
Call our firm at 414-333-3333 today to get started
Can I Still Get Compensation When the At-Fault Driver Dies After a Milwaukee Car Crash?
Yes, you can still pursue compensation even when the at-fault driver dies after a Milwaukee car crash. Wisconsin Statutes §895.01 and §895.031 establish survival actions that allow personal injury claims to continue after the at-fault driver’s death. These laws preserve your right to recover medical expenses, lost wages, pain and suffering, and property damage. The law treats your claim as if the responsible driver were still alive for legal purposes.
Wisconsin Statute §895.04 creates wrongful death claims that provide additional compensation avenues for families affected by fatal crashes. Wisconsin Statutes Chapters 851 through 882 govern probate proceedings that protect your right to file claims against the deceased driver’s estate.
Who Pays for My Damages When the Other Driver Dies in Milwaukee?
The deceased driver’s auto insurance typically remains the primary source of compensation for your damages and injuries. Most insurance companies continue liability coverage for 30 to 60 days after the policyholder’s death in Wisconsin. This period protects your right to file claims and receive compensation through the existing policy limits.
If insurance coverage proves insufficient or unavailable, the deceased driver’s estate becomes responsible for the remaining damages. Wisconsin probate law requires estates to pay valid creditor claims, including personal injury settlements from car accidents. Both insurance coverage and estate assets may contribute to your final settlement, depending on policy limits and available assets.
How Do I File a Claim Against a Deceased Driver’s Estate in Wisconsin?
You must file a formal notice with the probate court that is handling the deceased driver’s estate within specific timeframes. Wisconsin law requires creditors to file claims within four months of the estate’s first publication notice. Your PKSD lawyer can locate the probate case in the county where the deceased driver lived at death. This is followed with detailed documentation of your injuries, medical expenses, lost wages, and property damage from the crash.
Our legal team can manage all probate court procedures for notifying the estate administrator about your injury claim. The attorney will serve copies of your claim on both the court and the estate’s personal representative. Having a lawyer ensures you do not miss any deadlines that can permanently eliminate your right to recover compensation through estate proceedings.
How Does Probate Court Affect My Car Crash Claim in Wisconsin?
Probate courts typically take six months to two years to settle estates, potentially delaying your final settlement. Complex estates with multiple creditors, disputed assets, or insufficient funds can extend this timeline. However, Wisconsin courts may expedite proceedings when personal injury claims require immediate attention for medical expenses. The probate process protects your compensation rights by requiring proper notice to all creditors and systematic debt payment.
Personal injury claims from car crashes generally receive priority status over unsecured debts in Wisconsin probate proceedings. Wisconsin probate law ranks personal injury settlements ahead of credit card debts, personal loans, and other general claims. This priority status increases your chances of receiving full compensation even when estate assets are limited.
Affected By a Car Crash? Contact Our Trusted Milwaukee Car Accident Lawyers Today
Fatal crash cases require immediate legal attention to protect your compensation rights in Wisconsin. Our attorneys understand the complex insurance and probate issues that arise when responsible drivers die after causing accidents. We fight aggressively to secure the most compensation possible for our clients.
At PKSD, we have a track record of obtaining favorable compensation for clients and offer free case consultations to Milwaukee car accident victims. Our legal team has successfully recovered millions in settlements and verdicts for clients facing tragic circumstances. We handle all aspects of your case, from insurance negotiations to probate court proceedings, ensuring you receive every dollar you deserve.
Contact our Milwaukee car accident lawyers today for your free consultation. Call us now or complete our online form to discuss your fatal crash case with our experienced legal team.
Need Legal Help? Call Our Trusted Law Firm Today. 414-333-3333
