Suing An Estate Executor For Personal Injury In San Antonio
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FAQ
An estate beneficiary has a right to sue the executor or administrator if they are not competently doing their job or are engaged in fiduciary misconduct.
However, if the injury proves to be fatal and the claimant dies before there is a resolution to their claim, California law allows a personal representative (executor) of the deceased's estate to take the place of the plaintiff in the claim.
A: The general time limit for contesting a Will is a few months, usually four after the beneficiaries of the estate have been notified that probate will soon commence.
Submit your claim directly to the probate court and serve a copy on the personal representative. If you file a formal claim and the personal representative rejects it, you can file suit against the estate within three months of the rejection.
There is no limit to the compensation you can seek in a Texas personal injury case. As the statute of limitations in Texas for personal injury claims is only two years from the accident date, you would be wise to consult a Dallas, TX personal injury lawyer as soon as possible.
Most civil cases in Texas are required to go through mediation before proceeding to trial. A trained mediator will meet with the two parties and their attorneys to attempt to facilitate a settlement. Ultimately, however, it's up to you and the insurance company whether you can reach an agreement at this stage.
There a caps on damages with a TTCA claim. The maximum amount that can be recovered from the state for a single occurrence is $250,000 per person and $500,000 per occurrence for personal injury or death. For property damage, the maximum recovery is $100,000 per occurrence.
Additionally, under Texas state law there is no monetary cap for compensatory awards such as pain and suffering, medical expenses, loss of consortium, or earnings. However, the court may assign a value to these awards and can exercise discretion in determining their amount depending on the circumstances of each case.
While the average personal injury settlement in Texas is somewhere between $30,000 and $40,000, your case could be worth much more—or less—depending on the factors discussed here. The key takeaway is that each personal injury case is unique.
