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Antonio: Hi Jason, my wife was in a car accident with a guy who ran a red light. Fortunately she was in a big truck and survived the accident. The other guy died in the hospital. I don’t mean to be harsh, but it was his fault and now we have all kinds of bills. Is there a way that I can still sue him even if he’s dead?

Jason: Hi Antonio, wanting to sue the person who caused the accident with your wife is completely understandable. While you cannot sue the driver directly since he is deceased, you can still pursue a claim with his estate.

Antonio: That it good news. My wife is doing better, but she was injured pretty bad and is going to require physical therapy. She also has to take a leave from her job. So I’m here trying to figure out how to pay the medical bills and the repairs on the truck – if it can even be repaired. Plus, we lost her income.

Jason: I’m sure that feels unsettling, Antonio. How can I help you?

Antonio: Well, what would I need to do to sue this guy’s estate? Do you work on these kinds of cases, or do I need some other type of lawyer?

Jason: Yes, as a personal injury lawyer I can help you with this case. It could be more of a complex claim, but you can still sue for the same types of damages that you would if he had survived the accident.

Antonio: I am glad to hear that, but in what way is this more complex?

Jason: Since the driver is deceased, his estate will likely need to pass through the probate process in court first. To pursue the claim, you would need to be considered as a potential creditor that the estate pays once the claim is settled or won.

Antonio: How do we prove the case since he is dead?

Jason: Like any other injury case, we would investigate the accident, compile evidence, interview witnesses, and file the case. The only difference is that we would also need to deal with the probate process.

Antonio: Thank you, Jason!

DeSouza Injury Lawyers is a leading personal injury firm representing accident victims throughout Texas.

If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call Jason DeSouza personally today at 210-591-9777 or 361-799-2222 or visit the firm online at

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