Can I Pursue a Case if the Abuser Is Deceased?

The damage caused by sexual abuse can make it difficult for victims to come forward. Several states, including New York and New Jersey, have extended their statute of limitations to let victims sue abusers long after the fact.

However, for some victims, their abusers may have died in the meantime. If this has happened to you, it may still be possible to get compensation if you act quickly after their death. Our sexual abuse lawyers in New York at Morelli Law Firm will need to get to work right away to preserve your claim.

Yes, you can pursue a case if your abuser is deceased. Here’s what victims need to know about suing a defendant who has passed away.

Who Gets Sued After the Defendant Dies?

When someone dies, their property enters a process called probate. Probate is the legal process for fully settling someone’s final debts and dispersing their property. Their property becomes part of an estate, and your lawsuit sues that estate for compensation.

The estate will have a personal representative or an executor. They are responsible for the final disposition (passing out) of the deceased’s property properly according to law. As the legal face of the estate, they are the person who will serve as the defendant.

Your lawyer will need to find this individual and serve them your lawsuit. Fortunately, probate records are public, so that shouldn’t be too difficult. Once done, we can begin negotiations with them about how much to compensate you.

How Long do I Have to Sue?

All lawsuits have a limit called the statute of limitations. This is the deadline for filing a lawsuit promptly. Once the deadline has passed, you cannot sue for damages because the evidence may be too poor to reach justice due to the passage of time.

After a defendant dies, the statute of limitations for a sexual abuse claim will likely change. Here are the normal limits for suing a deceased person in the states where we practice. Note that these deadlines are general and may change based on your case’s circumstances.

• New York: Seven months after the appointment of the executor/administrator. (NYSenate.gov)
• New Jersey: Nine months after death. (N.J.S.A. 3B:22-4) 
• Pennsylvania: One year after death. (Title 20, Section 3383, Pennsylvania General Assembly)
• Illinois: Six months after the publication of a notice of death, or two years after death, whichever is sooner. (Illinois General Assembly)
• Missouri: Same as Illinois. (Section 473.360, Missouri Revised Statutes)

In all of these states, there is not much time to sue your abuser after death. It’s critical to speak with an experienced attorney, such as a member of the Morelli Law Firm, as soon as possible if you learn your abuser has died. 

You cannot pursue your case against your deceased abuser once these deadlines have expired, no matter how bad your abuse was.

What if the Estate doesn’t Have Enough Assets to Cover My Damages?

If you have a claim against an estate, but the estate doesn’t have enough assets to cover your damages, you may not be able to get the full value of your claim. This will depend on what is owed, how much there is, and state probate laws.

There is an order in which claims against an estate must be paid. Typically, expenses related to the administration of the estate, funeral expenses, and taxes get paid first. After these priority claims, general creditors are paid.

If an estate is insolvent, meaning its liabilities exceed its assets, the estate will be declared insolvent. The process for handling insolvent estates varies by jurisdiction but follows a strict legal process where claims are settled in order.

How Might the Estate Defend Itself From My Claim?

The estate will probably hire a lawyer to defend itself. They will review your claim and the evidence to see if your claim is valid. They will also check to see if your claim was made within the statute of limitations.

If they believe they can challenge your claim, your claim may get argued before the probate court. Otherwise, they will open settlement negotiations with you. Settlement lets them finish your claim quickly so they can continue administrating the rest of the estate.

Sometimes, the deceased’s insurance policies will have coverage for these kinds of situations. If so, then the insurer could pay for your damages up to the point of the policy limits. The executor and their attorney will examine the deceased’s assets to see if the deceased had coverage.

Act Fast if Your Abuser Has Died

Yes, you can pursue a case if your abuser has died, but your options are limited. Time is of the essence. If the estate closes quickly or too much time passes after the death or the notice of death, you may lose your compensation.

Don’t let this happen to you. Reach out to Morelli Law Firm as soon as you can after you learn about your abuser’s death. We’ll get to work quickly to file a claim with their estate before it’s too late.