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Filing Wrongful Death Against Deceased Negligent DriverIt is an unfortunate fact that some car accidents result in death. When a victim dies in an accident due to the negligence of another driver, his or her estate (usually represented by surviving family members) can pursue a wrongful death claim on the decedent’s behalf. If you are looking to file a wrongful death claim against a deceased person, you will be dealing with his or her estate. The person named as the deceased “executor” or “personal representative” will be asked to represent the deceased at-fault party. The negligent party’s estate is comprised of the property he or she left behind after death.

In most wrongful death cases when the negligent driver is deceased, their estate will need to pass through a probate process in court before you will be able to proceed with your case. During this process, an estate is divided to pay debts and deliver inheritances to the person’s beneficiaries fairly. By pursuing a wrongful death claim, you will become a potential creditor, and the estate will need to pay you a settlement.

Wrongful Death Claims

Since wrongful death claims are governed by a statute enacted by the legislature, the persons who are entitled to recover claims are set by statute. In addition, the types of damages a person may recover are set also by statute.

Receiving Compensation for Wrongful Death

When a person is wrongfully or negligently killed because of another, family members of the deceased have a right to compensation. The wrongful death attorneys at Brent Gordon Law Firm have helped clients recover substantial monetary settlements from the negligent persons who caused the wrongful death. Many different factors will determine the amount of compensation you may receive for a wrongful death such as:

  • Proposed income from the deceased
  • Savings of the deceased
  • Number of dependents
  • The degree of negligence that caused the wrongful death

Contact a Wrongful Death Attorney Today

You could be entitled to thousands. Contact the wrongful death attorneys and lawyers at Brent Gordon Law in Idaho Falls or Pocatello to find out if you are entitled under the statute to bring a claim and, if so, what types of damages you are entitled to recover. The attorneys at Brent Gordon Law are experienced, trusted and aggressive. A lawyer at Brent Gordon Law will fight to ensure you get a fair settlement. Our law firm believes every client deserves fair representation. Call now for a free consultation or free case review with an experienced lawyer in Southeast Idaho (Pocatello, Idaho Falls).

Idaho Falls Law Office

Our Idaho Falls, Idaho law office services clients in and surrounding Idaho Falls, including for injuries and accidents in Ammon, Rigby, injuries and accidents in Shelley and Blackfoot, and injuries and accidents in Rexburg. If you are looking for an attorney in the Idaho Falls area, visit or call our Idaho Falls office now. 3423 Merlin Dr., Idaho Falls, ID 83404 Phone:(208) 552-0467

Gordon Law Idaho Falls

Brent Gordon Law

Pocatello Law Office

Our Pocatello, Idaho law office services clients in and surrounding Pocatello, including for injuries and accidents in Chubbuck. If you are looking for an attorney in the Pocatello area, call our Pocatello office now. Our experienced personal injury attorneys will work hard to get you the compensation you deserve. Call (208) 232-7274 for a free consultation.151 North 3rd, Suite 202A Pocatello, ID 83204 Phone:(208)232-7274

Gordon Law Pocatello

Brent Gordon Law