Can You Sue a Dead Person?

A serious crash or another act of negligence can sometimes end with heartbreaking consequences, including cases where the person responsible passes away before a lawsuit is filed. In these difficult moments, families are left asking hard questions such as: “Can you sue a dead person for wrongful death damages in New Mexico, and what steps are involved in pursuing justice after such a loss?”

At Parnall Law, we understand how overwhelming it is to face the sudden death of a loved one caused by someone else’s actions. While you cannot bring a claim against the individual directly once they have died, New Mexico’s probate system creates a legal route to hold their estate responsible. This process gives surviving family members a chance to demand accountability, pursue fair compensation, and ensure that negligence does not go unanswered simply because the at-fault party is no longer alive.

Contact an Albuquerque Personal Injury Lawyer

Get Your Free Consultation Call Us (505) 268-6500

Is It Possible to Sue a Dead Person?

You cannot file a lawsuit against someone who has passed away, but you may pursue compensation through that person’s estate. In New Mexico, the law makes it possible for families to continue seeking justice even when the at-fault individual is no longer alive. Under New Mexico’s Survival Statute NMSA § 37-2-1, and Wrongful Death Act, NMSA § 41-2-1, if a death results from another’s wrongful conduct or negligence, the survivors of the deceased person have the right to pursue damages. Additionally, the survival statute allows individuals to sue defendants who have passed away.

Through a wrongful death claim based on the person’s estate, surviving families can seek compensation for medical bills, funeral expenses, lost earnings, and the loss of companionship. This legal remedy ensures that negligent conduct is still addressed, even when the person responsible is no longer alive.

Just as important is the statute of limitations. In New Mexico, families generally have three years from the date of death to bring a wrongful death lawsuit. Missing this deadline can prevent any recovery. Taking action early gives your attorney the time needed to identify the estate’s representative, review probate records, and gather the evidence necessary to build a strong case.

Probate Laws in New Mexico

When considering how to proceed after a negligent party’s death, it is necessary to understand how probate law intersects with wrongful death claims. Probate is the legal process by which a deceased person’s estate is administered, debts are settled, and assets are distributed. For potential plaintiffs, probate opens the legal door to pursue damages against the estate.

Key points about New Mexico probate laws include:

• Appointment of an estate representative: A probate judge designates a personal representative, sometimes called an executor, to oversee the financial and legal affairs of the estate.
• Filing claims against the estate: Creditors, as well as families bringing wrongful death actions, may pursue payment through the probate process.
• Time-sensitive requirements: Probate claims must be filed within specific deadlines, making early legal advice critical.
• Limits on recovery: The amount that can be collected often depends on whether insurance is available and on the overall value of the estate.
• Judicial supervision: The probate court monitors the process to confirm that claims and distributions comply with New Mexico law.

By taking each step with care, families give themselves the best chance to recover fair compensation. This approach respects probate rules, protects their claims, and ensures everything is filed within the time limits set by law.

Looking for a personal injury lawyer near you?

We’ll fight for the compensation you deserve

Get Your Free Consultation Call Us (505) 268-6500

What Is Probate?

Probate is the legal procedure that gives someone the authority to manage the estate of a person who has passed away. Through this process, the court makes sure that outstanding debts, taxes, and valid claims are handled before any property or assets are passed on to heirs. The Bernalillo County Probate Court explains that probate appoints a personal representative who is responsible for carrying out these duties on behalf of the estate.

In wrongful death matters, probate becomes the route through which surviving family members can bring a claim against the estate of the negligent individual. Without it, there is no official party available to answer a lawsuit, which makes probate a crucial step in establishing liability. This is especially significant when the damages are substantial, as it creates a clear legal path for families to pursue compensation and ensure that the estate is held accountable under New Mexico law.

Can You Sue a Dead Person Through Probate in New Mexico?

Yes, you may pursue a wrongful death claim through the probate process. Once the probate court appoints a personal representative for the estate, that individual becomes the defendant in place of the deceased. This allows families to seek justice and financial recovery while following state law.

The estate’s liability often includes:

• Insurance coverage: If the deceased carried liability insurance, the insurer may be responsible for covering damages up to policy limits.
• Estate assets: If insurance is insufficient, compensation may come from estate property or accounts.
• Court approval: The probate judge oversees claims to ensure fairness to all parties, including heirs and creditors.

This process ensures accountability and gives families the chance to recover damages that reflect the financial and emotional toll of their loss. Importantly, wrongful death claims remain civil matters, separate from any criminal proceedings that may also exist.

Families should know that even though the defendant is no longer alive, these cases are not symbolic. They directly affect the financial resources available to survivors and help establish accountability for negligent actions that caused harm.

Contacting an Injury Attorney Today

Losing a loved one due to negligence is one of the most painful experiences any family can endure. The situation grows more complex when the at-fault party has died. These cases require not only compassion but also precise knowledge of wrongful death law and New Mexico probate procedures.

At Parnall Law, we stand beside New Mexicans facing these difficult circumstances. Our team investigates accidents, files claims promptly, and guides families through probate to protect their rights. If you are wondering, “Can you sue a dead person for wrongful death damages in New Mexico?” Call (505) 268-6500 or use our online form to schedule a free consultation with our legal team.