Written by Parnall Law Firm reviewed by Bert Parnall Medical Negligence BlogPersonal Injury Blog
Owner/CEO at Parnall Law Firm
Accident victims typically sue for pain and suffering when another’s actions or negligence result in significant emotional or physical distress. If the negligent party passes away in the accident or afterward, victims will sometimes sue an estate for pain and suffering damages. But, can you sue an estate for pain and suffering?
While suing an estate for pain and suffering is legal, it’s incredibly complex. In fact, you can even sue an estate if the person who caused your injury died before you filed a lawsuit. However, you would need to file a claim against their estate to seek compensation for your injuries.
If you’re considering suing an estate, please contact a New Mexico personal injury lawyer with the Parnall Law Firm. We’ll guide you through all the complications and do everything we can to help you obtain full and fair compensation.
Pain and suffering encompass a range of non-economic damages, including emotional trauma, mental anguish, physical pain, and lost enjoyment of life. Since these are subjective damages, you need the help of a skilled New Mexico personal injury lawyer to help you get them. The following is a brief look at these damages, which can vary significantly from case to case.
Suing an estate for pain and suffering typically involves demonstrating that the deceased’s actions or negligence directly caused your injuries. New Mexico’s Uniform Probate Code allows you to seek compensation from the estate’s assets.
You must provide evidence showing the extent of the pain and suffering experienced due to the deceased’s conduct. A skilled Parnall Law Firm New Mexico personal injury lawyer will investigate the accident to obtain that evidence and help you obtain all the money you have coming.
Common situations where someone might take action against an estate for pain and suffering include incidents of medical malpractice, wrongful death, or personal injury caused by the deceased. For example, if a person suffered significant emotional and physical distress due to medical negligence by a now-deceased doctor, the victim might pursue a claim against the doctor’s estate. Other scenarios might involve car accidents, product liability cases, or any instance where the deceased’s actions harmed another person.
If you plan to sue an estate for pain and suffering, it’s essential you know that the process is much different than suing an individual. The biggest reason is probate court involvement. Victims must file claims against the estate’s representative, usually the executor, and follow probate proceedings. Courts use the estate’s assets, rather than personal assets, to settle claims.
This process often involves strict timelines and additional legal complexities, such as validating claims within the probate process and ensuring all debts and liabilities of the estate are settled before distributing assets to beneficiaries. However, an experienced New Mexico personal injury lawyer will know how to handle whatever complications that arise.
Claimants must adhere to specific limitations and requirements when suing an estate for pain and suffering. These include filing within the probate process timelines and providing substantial evidence of the deceased’s liability and the extent of pain and suffering endured. In addition, the estate’s value may limit the available compensation. Claimants must also comply with all procedural requirements, such as notifying the estate’s representative and submitting necessary documentation to support their claim. However, when you have legal help, your attorney will take care of all of that for you.
In determining compensation for pain and suffering in estate lawsuits, courts consider factors such as the severity and duration of the pain and suffering, the impact on the plaintiff’s quality of life, and any medical evidence supporting the claim. They may also consider testimonies from medical professionals, psychological assessments, and documentation of the plaintiff’s daily struggles. The court will evaluate the overall effect of the injury on the plaintiff’s life, including any long-term or permanent consequences resulting from the incident.
The statute of limitations is a deadline for suing an estate for pain and suffering. It varies by state but generally requires claimants to file within a specific period. In New Mexico, for example, the statute of limitations is typically three years. There are exceptions, however, so speak with a New Mexico personal injury lawyer to understand the specific deadline for your case.
Probate laws may also impose additional deadlines for submitting claims against an estate, often necessitating prompt legal action to preserve the right to seek damages. Missing these deadlines can result in the court dismissing your claim, so you must understand and comply with the applicable statutes of limitations. Your Parnall Law Firm New Mexico personal injury lawyer will file your claim long before the statute of limitations in your case expires.
If you have a valid claim against an estate for pain and suffering, it’s crucial to act quickly by taking the following steps:
Settling with an estate before resorting to a lawsuit can save time and legal expenses. Negotiations with the estate’s executor or representative can lead to a fair resolution. The defendant and your lawyer may also use mediation to reach a fair settlement without the need for prolonged court proceedings, benefiting both parties. Settling out of court can provide a quicker resolution and reduce the emotional and financial strain associated with litigation.
Insurance companies can significantly influence the process of suing an estate for pain and suffering. If the deceased had liability insurance, the insurer might handle the claim, providing a source of compensation. However, insurance companies often aim to minimize payouts, requiring claimants to provide substantial evidence and potentially negotiate for a fair settlement.
Insurance involvement can streamline the process, but claimants must deal with the insurer’s strategies to reduce the compensation amount. A seasoned New Mexico personal injury lawyer with Parnall Law Firm knows how to handle insurance companies and defeat all their tactics.
Suing an estate for pain and suffering involves navigating complex legal processes and probate court requirements. An experienced New Mexico personal injury lawyer with Parnall Law Firm will handle the complications and explore settlement options to help you pursue compensation. Contact us online or call (505) 268-6500 for a free case review.
Bertrand Russell Parnall is an Albuquerque native, salutatorian of the Class of 1988 at Albuquerque High School, and co-captain of the district football champion Bulldogs. He earned his undergraduate degree from Rice University with a double major in history and French, and his law degree from the University of New Mexico School of Law after coming home to Albuquerque.
Years of Experience: 27+ years
Justia Profile: Bert Parnall
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Bertrand Russell Parnall who has more than 20 years of legal experience as a personal injury attorney.
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