I'm Griff Tonkin. I'm one of the partners here at the Arthofer & Tonkin Law Offices.
We’re an experienced personal injury law firm
focused exclusively on representing injured individuals.
Today, I want to talk about a situation that may not sound common, but actually comes up more often than people realize:
what happens if the person who caused an accident died — either in the accident itself or later for reasons unrelated to it?
The answer is more complicated than it may appear at first blush. That’s why it’s important to retain a qualified personal injury attorney as early as possible. There are strict deadlines that apply to personal injury claims, and missing them can permanently affect your rights.
Those deadlines are known as statutes of limitation. If you fail to comply with the applicable time limit, you could lose your right to pursue compensation forever. In cases where you’ve been injured by someone who died either in the accident or afterward for unrelated reasons, you generally have two years to bring a claim. However, recovery may be limited to the amount of insurance coverage that person had at the time of their death, if any.
The case becomes significantly more complex if you need to pursue assets from the deceased person’s estate. When insurance coverage is unavailable or insufficient, the timeline and legal analysis can change dramatically. Navigating these situations requires careful strategy and a deep understanding of both personal injury and probate-related issues.
At the Arthofer & Tonkin Law Offices, we regularly work alongside qualified probate attorneys and other professionals when necessary to ensure our clients’ rights are fully preserved. You need an attorney who understands the pitfalls and knows how to protect your claim from the very beginning.
If you’ve been injured in an accident — whether or not the at-fault person died — you should speak with a competent personal injury attorney as soon as possible. Our consultations are always free, and we welcome the opportunity to help you understand your options.
If you’d like to learn more about the personal injury process, these resources may be helpful:
At Arthofer & Tonkin, we’re committed to providing clear information, experienced guidance,
and strong advocacy for every client we represent. If you’ve been injured and would like to discuss your situation, please call us today. We’re here to help.
