Can You Sue an Estate for Pain and Suffering?

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. 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.

What Qualifies As Pain And Suffering?

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.

• Physical pain refers to actual bodily harm, which can range from minor injuries to severe, chronic pain.
• Emotional distress includes conditions such as anxiety, depression, and trauma resulting from the incident.
• Loss of enjoyment of life pertains to the inability to engage in previously enjoyed activities.
• Mental anguish refers to the overall psychological impact of the injury on a victim’s well-being.

It’s Legal to Sue, But Doing So is Complicated

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.

Why You Might Sue an Estate?

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.

How does the process Differ from suing an individual?

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.

Limitations to Consider

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.

Factors Determining Your Potential Compensation

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.

How the Statute of Limitations Applies?

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.

Is Your Claim Valid? Here’s What to Do Next

If you have a valid claim against an estate for pain and suffering, it’s crucial to act quickly by taking the following steps:

• First, consult a New Mexico personal injury lawyer to evaluate your case and guide you through the probate process.
• Next, your attorney will gather and preserve evidence supporting your claim, including medical records and witness statements.
• Finally, they’ll file a timely claim with the probate court and adhere to all procedural requirements.

Settling Before Pursuing Litigation

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 Company Considerations

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.

Contact Our Firm for a Free Consultation

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.