Legal Representation of Estate to sue or being sue
Started by TEA ENG PENG
0 points
TEA ENG PENG
Our society is becoming more aware of legal rights, and litigations within the statute of the Limitation Act (i.e. the timeline whereby a legal sue must take place) are becoming more common. Sometimes, death can be due to accident, and the estate has the legal right to sue. It is the legal representative (i.e. administrator or executor) of the estate that can sue or be sued on behalf of the estate.
The particular facts and circumstances surrounding the parties’ dispute dictate what type of case should be filed. There are many different types of suits that can be filed, the most common are:
Tort Claims – involve a civil wrong, including actions based on negligence, defective products, medical malpractice, nuisance, unsafe premises, and unsafe products. For example, if the deceased died because of a car accident (not of his fault). The estate can sue the driver that caused the accident for compensation.
Contract Claims – typically based on an alleged breach of the parties’ oral or written agreement and often involves commercial issues; for example, the estate can sue the company for not honouring the employee benefits after the employee dies.
0 points
TEA ENG PENG
Our society is becoming more aware of legal rights, and litigations within the statute of the Limitation Act (i.e. the timeline whereby a legal sue must take place) are becoming more common. Sometimes, death can be due to accident, and the estate has the legal right to sue. It is the legal representative (i.e. administrator or executor) of the estate that can sue or be sued on behalf of the estate.
The particular facts and circumstances surrounding the parties’ dispute dictate what type of case should be filed. There are many different types of suits that can be filed, the most common are:
Tort Claims – involve a civil wrong, including actions based on negligence, defective products, medical malpractice, nuisance, unsafe premises, and unsafe products. For example, if the deceased died because of a car accident (not of his fault). The estate can sue the driver that caused the accident for compensation.
Contract Claims – typically based on an alleged breach of the parties’ oral or written agreement and often involves commercial issues; for example, the estate can sue the company for not honouring the employee benefits after the employee dies.