Can You Sue an Estate for Pain and Suffering?

By Pyle Law, Reviewed by E. THomas Pyle December 26 2023 7:20 pm
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Can You Sue an Estate for Pain and Suffering?

By Pyle Law, Reviewed by E. THomas Pyle December 26 2023 7:20 pm
Can You Sue an Estate for Pain and Suffering?

Accidents happen every day, and some are more serious than others. Being mentally or physically injured by another person is a challenging and painful experience. Dealing with the aftermath and recognition that another person caused these damages can be especially difficult. 

Typically, in this situation, you would take the liable party to court or work with your attorney to claim compensation, but what if the person who has caused your pain and suffering has passed away? What type of recourse do you have, and who would step up to cover your damages in this scenario? You might think that you are out of luck, but that is not necessarily true.

That is why it is helpful to speak with an experienced Kansas personal injury lawyer right away to learn more about your options. At Pyle Law, we can help to answer questions and navigate the process of recovering damages for pain and suffering from an estate. 

 

Understanding the Role of the Estate in Your Personal Injury Claim

If the person who caused your personal injury dies before you have the chance to file a lawsuit, you have the option to sue their estate. The estate of a deceased person consists of property owned at the time of death before it is distributed through a trust, a will, or the state. This property can include everything from real estate (meaning their primary residence, investment properties, and more) to personal property (bank accounts, retirement funds, cars, jewelry, and more).   The estate may also have insurance coverage that covers your claim.

The estate must settle debts and claims against it before distributing the remaining property to any heirs or assigned beneficiaries. The process of settling an estate is called probate, and this process can take some time. 

 

Timing for Recovering Damages from an Estate

If you decide to file a lawsuit against a deceased person’s estate, your claim will most likely go through the probate process. The probate process is the period in which creditors and debt collectors can come forward and request payment from the estate. This happens before the estate can distribute the remaining wealth and close the probate process. 

Although the probate process can be long and drawn out, every state has a different statute of limitations, meaning the amount of time that you have to file a lawsuit when it comes to suing a person’s estate. For this reason, it is important to work with a skilled personal injury attorney. If you plan to move forward and sue a person’s estate, it is important to move quickly, don’t delay. 

 

Talk to a Knowledgeable Kansas Personal Injury Attorney As Soon as Possible

If you are considering suing an estate for pain and suffering, it is advisable to seek legal guidance before taking action. At Pyle Law, our team and our experienced personal injury lawyer is dedicated to advocating for our clients. Contact us today online to schedule a free consultation. We are here and ready to help with the nuances of seeking compensation for pain and suffering from an estate. 

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E. THOMAS PYLE

Pyle Law was founded in 1999 with a commitment to fewer clients and better service. We believe that each and every client is important and everyone is entitled to justice and equal protection under our laws. We make every case a priority and are committed to keeping each client informed about the status of their case. We do not guarantee results, but we do guarantee effort.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney E. Thomas Pyle who has more than 20 years of legal experience as a practicing personal injury trial attorney.