Suing a Deceased Person in New Mexico

Imagine you’ve been injured in an accident, only to discover that the person responsible has passed away. This scenario, while uncommon, can leave victims feeling confused about their legal options. In New Mexico, it is possible to seek compensation for injuries caused by someone who is now deceased. This blog post will guide you through the process and considerations involved in such cases.

Understanding Your Rights

When someone causes you harm and then passes away, your right to seek compensation doesn’t die with them. New Mexico law allows for claims against a deceased person’s estate, ensuring that victims can still pursue justice and financial recovery for their injuries.

The Shift from Individual to Estate

In a typical personal injury case, you would sue the individual responsible. However, when that person is deceased, your claim shifts to their estate. This means you’ll be dealing with the deceased’s personal representative, also known as the executor or administrator of the estate.

Timing is Crucial

One of the most critical factors in these cases is timing. New Mexico has strict deadlines for filing claims against an estate. Generally, you must file your claim within the shorter of:

  1. One year after the decedent’s death, or
  2. The time limit specified in the notice to creditors (typically four months from the date of first publication)

Missing these deadlines could result in your claim being permanently barred, so it’s crucial to act promptly.

Navigating the Probate Process

Your claim will be part of the probate process, which is how a deceased person’s estate is settled. The personal representative is required to notify known creditors (which would include you as a potential claimant) about the probate proceedings. If you’re aware of the death, you can also proactively file your claim with the probate court.

Potential Challenges

Suing a deceased person’s estate can be more challenging than a typical personal injury case. Some potential hurdles include:

  1. Limited estate assets to cover your claim
  2. Competing claims from other creditors
  3. Difficulty in gathering evidence, as the responsible party can no longer testify

An experienced personal injury attorney can help you navigate these challenges and build the strongest case possible.

Insurance Considerations

In many cases, especially those involving car accidents, the deceased person’s insurance policy may still be in effect. This can be a significant source of compensation, often separate from the estate’s assets. Your attorney can help determine if an applicable insurance policy exists and how to pursue a claim against it.

The Importance of Legal Representation

While being injured by someone who has since passed away presents unique challenges, it doesn’t mean you’re without recourse. At the Law Offices of Kenneth G. Egan, we have the expertise to ensure your rights are protected and that you have the best chance at fair compensation. If you find yourself in this situation, don’t hesitate to reach out for a consultation. We are located in Las Cruces and are proud to service the surrounding areas, including Doña Ana, Santo Tomas, La Mesa, Fort Selden, Radium Springs, and beyond.