When a person dies, their legal rights do not automatically disappear, and their estate may have the right to pursue legal action on their behalf. This can include continuing or initiating lawsuits that the deceased person had started before their death, or filing new lawsuits to seek compensation for harm caused to the deceased person. Suing on behalf of a deceased person is a legal process that can be complex and emotionally challenging for those involved.
One scenario where suing on behalf of a deceased person may be necessary is in cases of wrongful death. In these cases, family members or other beneficiaries may be able to file a lawsuit seeking compensation for the loss of their loved one. However, the rules and procedures for filing a wrongful death lawsuit can vary depending on the state and the circumstances of the case. It is important to consult with an experienced attorney to understand the legal options and requirements in these situations.
Another scenario where suing on behalf of a deceased person may be necessary is when the deceased person had a legal claim or cause of action before their death. In these cases, the executor or administrator of the deceased person’s estate may be able to continue the legal action on their behalf. However, there are also situations where a beneficiary of the estate may be able to seek redress on behalf of the estate instead of the personal representative. Overall, suing on behalf of a deceased person requires careful consideration and legal guidance to navigate the complexities of the legal process.
Understanding the Basis of Suing on Behalf of a Deceased Person
When a person passes away, their estate is typically responsible for handling any legal matters related to their assets and liabilities. However, there may be situations where a beneficiary or heir may need to file a lawsuit on behalf of the deceased person’s estate.
The legal basis for suing on behalf of a deceased person’s estate varies depending on the circumstances of the case. In general, a person may bring a lawsuit on behalf of a deceased person’s estate if they have legal standing to do so. This means that they have a legal interest in the outcome of the case and are authorized to bring the lawsuit on behalf of the estate.
How to sue on behalf of a deceased person?
In order to bring a lawsuit on behalf of a deceased person’s estate, the person must typically be named as the estate’s representative. This may involve obtaining a court order appointing the person as the executor or administrator of the estate. Once appointed, the representative has the authority to act on behalf of the estate, including filing a lawsuit.
It is important to note that the laws regarding suing on behalf of a deceased person’s estate can vary depending on the jurisdiction and the type of lawsuit being filed. For example, in some cases, the representative may need to provide notice to the other party or parties involved in the lawsuit. Additionally, there may be specific deadlines or procedural requirements that must be followed when filing a lawsuit on behalf of a deceased person’s estate.
Who Can Sue on Behalf of a Deceased Person?
When a person dies, their legal rights and obligations are transferred to their estate. The estate is managed by a personal representative, who is responsible for handling the deceased person’s affairs, including any legal claims that the person may have had.
In most cases, the personal representative is the executor named in the deceased person’s will. If there is no will, or if the executor named in the will is unable or unwilling to serve, the court will appoint an administrator to manage the estate.
The personal representative is the only person who has the legal authority to bring a lawsuit on behalf of the deceased person’s estate. However, there are some situations where a beneficiary of the estate may be able to sue on behalf of the estate instead of the personal representative.
For example, if the personal representative is not effectively managing the estate, or if the personal representative is not pursuing a legal claim that the beneficiary believes is in the best interest of the estate, the beneficiary may be able to seek court approval to bring the lawsuit on behalf of the estate.
It is important to note that beneficiaries cannot bring wrongful death lawsuits on behalf of the deceased person. Wrongful death lawsuits are brought by the surviving family members of the deceased person, and the damages awarded in these cases are intended to compensate the family members for their own losses, rather than the losses suffered by the deceased person.
Legal Processes Involved
When someone passes away, the legal system provides options for their loved ones to seek justice on their behalf. Here are some of the legal processes involved in suing on behalf of a deceased person:
Survival Actions
Survival actions allow another person to continue an injury claim on behalf of a deceased victim. When someone files a survival action, they essentially act as a substitute for the deceased, and any money they recover will go to the deceased person’s estate.
Wrongful Death Claims
Wrongful death claims are filed by the surviving family members of the deceased. These claims seek compensation for the losses suffered by the family members, such as lost income, medical expenses, and funeral costs. If the surviving spouse, children, or parents do not file a wrongful death claim within three months of the date of death, the personal representative (executor) of the decedent’s estate may file the claim.
Executors and Administrators
Usually, if the deceased has left a valid will, then the individuals/corporation/firm or company appointed as the executors/executrices of their estate will be those legally entitled to bring a claim on behalf of the estate and make an application for the grant of probate. However, nuanced situations sometimes arise where it is appropriate for a beneficiary to seek redress on behalf of the estate in lieu of the personal representative.
Continuing or Initiating Lawsuits
When a plaintiff dies in the course of litigation, that legal action will likely continue. New cases can also be brought on behalf of the deceased. In most instances, suing on behalf of a deceased person’s estate is handled by the executor or administrator of that estate.
Potential Challenges and How to Overcome Them
Suing on behalf of a deceased person can be a complex process with several potential challenges. Here are some of the most common obstacles and how to overcome them:
- Proving standing: In order to bring a lawsuit on behalf of a deceased person, the plaintiff must have legal standing. This means that they must be a personal representative of the estate or a beneficiary with a legal interest in the case. If the plaintiff does not have standing, the case may be dismissed. To overcome this challenge, it is important to carefully review the relevant laws and regulations to ensure that the plaintiff has the necessary standing.
- Statutes of limitations: Statutes of limitations can be a challenge in cases where the deceased person’s death occurred a long time ago. In many cases, there is a time limit within which a lawsuit must be filed. If the statute of limitations has expired, the case may be dismissed. To overcome this challenge, it is important to act quickly and file the lawsuit as soon as possible.
- Proving damages: In cases where the deceased person was injured before their death, it can be challenging to prove the extent of the damages. This is particularly true in cases where the injury occurred a long time ago. To overcome this challenge, it may be necessary to gather medical records, witness statements, and other evidence to establish the extent of the damages.
- Proving liability: Proving liability can be a challenge in cases where the defendant is a corporation or other large entity. In many cases, these entities have teams of lawyers who are skilled at defending against lawsuits. To overcome this challenge, it is important to have a strong legal team that is experienced in litigating cases against large entities.
- Emotional distress: Suing on behalf of a deceased person can be emotionally challenging for the plaintiff. This is particularly true in cases where the plaintiff was close to the deceased person. To overcome this challenge, it is important to have a support system in place and to take care of one’s emotional wellbeing throughout the legal process.
Final Thoughts: Suing on behalf of a deceased person
Suing on behalf of a deceased person’s estate can be a complex legal matter that requires careful consideration and attention to detail. It is important to work with an experienced attorney who can help guide you through the process and ensure that your rights are protected.
The personal representative of the estate is the only person who has the legal authority to bring a lawsuit on behalf of a deceased person. However, in some situations, a beneficiary of the estate may be able to seek court approval to bring a lawsuit on behalf of the estate instead of the personal representative. The legal processes involved in suing on behalf of a deceased person can vary depending on the jurisdiction and circumstances surrounding the case.
James Mitchell graduated from the University of California at Berkeley with a bachelor’s degree and from the University of Chicago with a law degree. He is the managing partner of Mitchell Legal Advocates and has written and spoken in numerous legal venues on various facets of personal injury law. In the state of New York, James is mainly recognised as a leading personal injury attorney.
