Can I Sue the Estate of a Deceased Person for an Accident?

If the plaintiff is only seeking insurance proceeds, they can refer to Probate Code Sections 550 and 552, which allows victims to file a claim against “the Estate of [Decedent].”

Upon the filing of a claim with the probate court, the insurance company, rather than the executor of the estate, is served with the summons. This is an importance distinction, as it allows accident victims to file a claim with the insurance company, even if there is no established estate for the decedent. No matter what, the legal action is against the insurance company and any following litigation shall be “conducted in the same manner as if the action were against the personal representative.”

Probate Code Section 551 provides a legal exception concerning the statute of limitations to file a compensation claim when the defendant has passed away. It’s quite possible that the victim has filed a claim for injuries through the standard method, as they were not aware that the defendant had passes away. The probate courts give a one year grace period in these cases for the filing of a claim against the defendant’s estate.

This part of the Probate Code gives insurance companies the right to deny or contest their liability for the injuries and/or property damage sustained by the claimant. Please note that the outcome of their objection has no impact on the plaintiff’s right to sue the estate as a separate legal action. However, collecting from a decedent’s estate involves different procedures and timelines, which you should go over with an experience probate attorney.

As you can see, your right to seek medical expenses, property damage, lost wages, and other applicable damages is protected by the aforementioned Probate Code sections. But these codes are specific to insurance claims, meaning that the plaintiff is only seeking an amount that is covered by the deceased’s insurance policy.

As an injury victim, you also have the right to file a separate action instead of or in addition to an insurance claim. This is where the Code of Civil Procedures come into play, specifically Section 377.40, which states, “a cause of action against a decedent…may be asserted against the decedent’s personal representative or, to the extent provided by statute, against the decedent’s successor in interest.”

So, this is the second method that you can pursue if you are entitled to damages from a personal injury claim: a lawsuit against the decedent’s estate or a successor in interest when there is no estate. Keep in mind that you must file a claim within the statute of limitations, which is normally 1 year from the date of death. Please note that this is the general deadline to sue the estate of a deceased defendant, and there are circumstances that can change the length of time you have for a personal injury lawsuit.

Punitive damages refer to an additional amount of compensation that is awarded by a jury when the defendant’s negligence or intentional misconduct was so egregious that it merits some form of punishment. Because it must be awarded by a jury, these payments only apply in situations where the case is tried in court.

However, these damages cannot be obtained from a personal injury claim that is filed against the assets of the estate. The ban on punitive or exemplary damages from this type of lawsuit is outlined in Probate Code Section 377.42.

At the end of the day, navigating the probate system can be very complicated, especially when you have more than one option for how to recover monetary damages after an accident that was caused by the decedent. It’s essential to seek help from a personal injury lawyer with experience in claims against the assets from an estate.

The attorneys of DTLA Law Group are here for you every step of the way. The process begins with a free consultation, where you can learn about your rights and legal options. While there is no pressure to go through with a legal action, you have the assurance of knowing you can do without paying a single penny upfront. Legal fees are a part of the settlement you receive from a successful claim, so that means you owe us $0 for the cost of legal services if we do not recover your payment.

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