The Pre-Litigation Or Claims Process For Washington State Wrongful Death Cases
Obviously, losing a loved one in an accident is tragic and there is nothing that can be done to bring the person back. The last thing on your mind during a difficult time like this is the question, "How much should I be compensated for the loss of my loved one's life?" To many, putting a dollar figure on someone's life is both impossible and distasteful. Even so, Often times,, the only justice that can be achieved under the law for such a tragic loss is an award of compensation. In some cases, justice can come in the form of criminal charges filed by the state, but I see manywrongful death cases where the defendant's conduct is fairly egregious and no criminal charges are ever filed for a variety of reasons. While the award that comes from a wrongful death suit will never bring the loved one back to life, in my work with families pursuing wrongful death claims, I often see that achieving a measure of justice helps families move forward in their grieving process.
Following a wrongful death in Washington, you may have been appointed as the personal representative to handle the estate. Your job may be to look out for the interests of the surviving children and/or the spouse. As the personal representative, you have a legal obligation to represent the best interests of the deceased person's estate for the benefit of each beneficiary (e.g., child and spouse). This includes the obligation to pursue and/or file a wrongful death case if the facts support such a claim.
If a wrongful death claim does exist, then you are often dealing with the insurance claims process. More often than not, this is a minefield that is likely unfamiliar territory. In order to be successful at fulfilling your legal obligation as a PR, you must take this process very seriously on behalf of the deceased's estate if you want to secure the family's financial future.
Once a wrongful death occurs, the insurance claims process usually begins immediately. This means the personal representative and/or surviving family members must take immediate action. This action may include preserving all of the evidence from the accident, hiring experts to inspect any vehicles and/or the accident scene, and obtaining witness statements. Many times, important evidence will be lost if action is not taken immediately. For instance, vehicles may need to be preserved to ensure that important evidence can be examined by experts at a later time. If there is a dispute as to the facts of an accident you will need to make sure that the at-fault party does not destroy any critical evidence or information. The insurance company is looking out for its interest, which makes it very important for you to look out for the interests of the estate and surviving family members. Make no mistake - what the insurance company wants and what is best for the estate and family members are not the same thing.
Although the police may conduct an investigation into a fatal accident, like a motor vehicle accident that causes death, their investigation materials may not be available for a long period of time. The police investigation may not be thorough, or it may not address or include certain issues or questions that may be important or relevant in a subsequent wrongful death case brought by the deceased's family. Sometimes, the police may not document critical evidence because it is not what they are looking for, or because they are focusing on a criminal prosecution and not a civil wrongful death action. The evidence that is important in a civil wrongful death case may not be the same evidence that is important or relevant in a criminal prosecution.
Every available piece of information should be gathered and kept so that it can be reviewed at a later time, either by an expert or an attorney. Experts know what evidence to collect, how to preserve it, and how to evaluate the importance or relevance of that evidence. Procrastination or lack of follow-through is usually the enemy in a wrongful death case because evidence can be lost or destroyed and this may impact the likelihood of a successful result.
Questions and Answers
Are you in need of a personal injury lawyer? Maryland tort law can be quite complex, and if you have been injured because of someone else's negligence, it is vital to get professional legal counsel as soon as possible.
Your primary goal during the claims process phase of a wrongful death case is to build your case by collecting and evaluating all evidence that can help you secure a fair and reasonable settlement.
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y pursuing a wrongful death claim you will likely be interviewed by a claims representative from your own insurance company, or the deceased person's carrier, or the at-fault person's insurance company, or by all three. You might think the adjustor is trying to help you, especially if it is the adjustor from your insurance company. Keep in mind that this may not be the case at all. E
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