You can still sue a deceased person for personal injury, including wrongful death. In this kind of scenario, you will file a lawsuit against the decedent’s (the deceased person) estate or the property he or she left behind.

When the liable person dies, his or her assets and debts will undergo a process known as probate, a court-supervised proceeding intended to arrange the transfer of the decedent’s property. This process includes collecting and determining the value of decedent’s properties, paying creditors and debts, and distributing the balance of the estate to the rightful heirs.

As the victim of wrongful death, you are considered a potential creditor or debt of the decedent’s estate.

To preserve your right to compensation for your damages, you must file a claim with the decedent’s estate through the probate court. It must be found in court that the decedent was guilty of negligence and that you are legally entitled to compensation for that negligence. Only then will you be able to get compensation for your loss.

Last but not least, remember that the probate proceedings follow its own rules and deadlines, and the statute of limitation for wrongful death does not apply. You should file your claim as soon as you can and not risk losing your only chance.

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