Suing An Estate Executor For Personal Injury In Dallas
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FAQ
Standard Executor Compensation This is referred to as the five-and-five rule. However, there are limitations to this commission. It cannot exceed five percent of the gross fair market value of the estate being administered, and it is not applicable in certain situations.
Executor's Role and Timeline for Asset Distribution. In Texas, an executor is given up to three years from their court appointment to distribute assets, excluding those allocated to creditors.
Section 304.003 - Persons Disqualified To Serve As Executor Or Administrator (a) Except as provided by Subsection (b), a person is not qualified to serve as an executor or administrator if the person is: (1) incapacitated; (2) a felon convicted under the laws of the United States or of any state of the United States ...
Texas law allows executors to sell property without the beneficiaries' approval, which can be necessary to keep the estate solvent. However, this authority comes with the responsibility of ensuring that the sale is conducted in the best interest of the estate.
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.
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.
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.
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.
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.
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.
