QUESTION
Can you still sue the spouse for wrongful death if it was their husband who caused it and is now deceased?
Asked on Sep 24th, 2013 on Personal Injury - Florida
11 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Who died? Whose death? Who is deceased? If someone causes a death and he dies, his estate can be sued. Does that answer the question?
Answered on Sep 26th, 2013 at 5:27 AM
NA richard@jandjlaw.com
Yes, but don't tarry. You need to have a situation where the at fault driver had liability insurance. A claim can be made against the estate of the deceased with his insurer. If suit needs to be filed, your lawyer will find out IF a Personal Representative has already been appointed for the decedent's estate, of if NO estate has been filed, then a limited estate needs to be filed in the Superior Court of the county of residence of the decedent and a Personal Representative needs to be appointed by the court in order for you to have a person to sue / serve with suit papers in the case. You definitely need a lawyer on this case.
Answered on Sep 26th, 2013 at 5:01 AM
James Eugene Hasser
The spouse would have no liability simply because she was the spouse.
Answered on Sep 26th, 2013 at 4:58 AM
It depends on the circumstances, but generally you would not be able to sue under a wrongful death theory against a non party.
Answered on Sep 26th, 2013 at 4:42 AM
You sue the husband's estate, which includes any property that passed on death to the spouse. Also, there may be insurance coverage which would still be available.
Answered on Sep 26th, 2013 at 2:56 AM
You can sue the estate of the deceased.
Answered on Sep 26th, 2013 at 2:47 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You could possible sue the spouse's estate.
Answered on Sep 25th, 2013 at 12:21 PM
Thomas Edward Gates
You would sue the estate of the liable party.
Answered on Sep 25th, 2013 at 12:07 PM
School Law Attorney serving St. Louis, MO
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The Law Offices of Mark J. Dean
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If an estate of the wrongdoer has not been set it, it needs to be. An action can than be maintained against the wrongdoer's estate. You need an attorney to work through this process.
Answered on Sep 25th, 2013 at 11:06 AM
You would sue his estate, which may or may not have any assets from which any judgment could be collected. If the surviving spouse was not at fault in the alleged wrongful death, you could not successfully sue the surviving spouse.
Answered on Sep 25th, 2013 at 10:17 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No, you sue the personal representative of the estate of the deceased individual who caused the accident in their capacity as personal rep.
Answered on Sep 25th, 2013 at 9:08 AM