|
|
Personal injury lawyer for wrongful death and dog bite in San Francisco |
|
| |
Frequently Asked Questions (FAQs) |
|
| |
|
MY HUSBAND WAS KILLED IN AN AUTO ACCIDENT ONLY LAST WEEK AND TODAY AN
INSURANCE ADJUSTER FROM THE OTHER DRIVER CALLED ME. SHOULD I TALK TO
HIM SO I CAN MAKE A CLAIM?
My advice is “NO.” It may be true that he or she is only trying to get
your claim handled and paid, since they know their insured was at
fault. Very often however, they are only trying to find a way to
either escape any payment, or else to minimize your claim. They will
ask you questions designed to help THEM, not you. Since you probably
have no idea what answers might hurt you, it is unwise to take a
chance. Tell them to talk to your wrongful death lawyer or personal
injury lawyer. Then get one. The fact that he called you so soon after
the death when you are emotionally vulnerable should tell you
something about the insurance adjuster’s intentions.
I BELIEVE THAT MY WIFE DIED BECAUSE OF SOMEONE’S NEGLIGENCE. IS
THERE A PROBLEM WITH HAVING A CREMATION?
This is a sensitive issue. It involves your own feelings, the
decedent’s wishes, social pressures, and religious beliefs. What I can
tell you is this: Whether the person at fault can be proved negligent
is only one issue that affects whether you will recover compensation
for the loss of your loved one. Another important issue is often
overlooked: Was that negligence a cause of the death? It might well
seem awfully clear to you that it was. Later on, someone with a
million motives to escape responsibility might dig deep to try to
suggest or prove that the person died from other causes or would have
died anyway.
This can become a question, albeit rarely, when a person is already
ill or injured and someone else’s fault is the “last straw.”
Obviously, cremation could possibly destroy evidence. Let’s put it
this way. If you are comfortable with burial and you think there might
be an issue of fault or cause of death, then a wrongful death attorney
would probably prefer burial.
I THINK THERE WILL BE A LAWSUIT, BUT I WOULD LIKE TO GET RID OF MY
SON’S EFFECTS THAT WERE IN THE CRASH WITH HIM. IT’S JUST KILLING HIS
MOTHER TO HAVE THEM AROUND. IS IT OKAY TO DISPOSE OF THEM?
No. In any unexpected death in which someone’s fault may have played a
role, it is important to save everything that was involved in the
circumstances of the death. If it was a car crash, save all the
person’s clothing, the belongings in the car. If the car is totaled,
preserve the car itself until your attorney says it is okay to crush
it. Many photos need to be taken. A pair of broken eyeglasses might
prove to be crucial to your case. A photo of a bent steering wheel or
bent brake pedal might be pivotal evidence. If it was a construction
accident, preserve the decedent’s clothing and all his safety
equipment, whether you think it was relevant or not. If you must move
the personal effects, have a friend take them; rent storage; or take
it promptly to your personal injury attorney.
WHY SHOULDN’T I HANDLE MY OWN CLAIM? THE FAULT IS CLEAR. TO BE
BLUNT, I DON’T TRUST LAWYERS AND I DON’T WANT TO HAND OVER PART OF MY
SETTLEMENT.
You’ve certainly got a problem. You may not trust any personal injury
lawyer, but do you trust the insurance adjuster of the guy who killed
your family member more? The adjuster has every motive to short change
you. Your personal injury lawyer or wrongful death lawyer will
represent you on a contingency basis, meaning the more you get paid,
the more he gets paid. Really now, don’t you think that if you
interview five lawyers, you might just find one you can deal with?
Let me ask you a different question. Do you know what a death claim is
worth? Are you sure you aren’t about to settle yours for ¼ of what
it’s worth? Are you sure that the adjuster isn’t just using
“settlement discussions” with you to pump you for information that is
damaging to the value of your case? Think over what the financial
motivations are for the adverse insurance adjuster and for your own
wrongful death lawyer.
Do what you think is wisest for you. Personally, I will never forget
the woman who came to me ten years after her leg was amputated in a
motorcycle accident. She asked if there were any way to undo the
settlement she made with the insurance adjuster. He showed up at her
bed side when she awoke from the surgery. He had a check for $10,000,
a pen and a release in his hands.
THE INSURANCE ADJUSTER MADE ME AN OFFER, BUT HE SAID THAT IF I
WAITED AND HIRED A PERSONAL INJURY LAWYER, THE OFFER MIGHT NOT STILL
BE AVAILABLE, AND HE’S NOT SO SURE THERE IS COVERAGE.
This is the strongest evidence that you have a good case, and the
adjuster is afraid you will find out what it is worth. He is not your
friend. He is your adversary. Treat this like you would an unsolicited
telephone sales call offering a fabulous deal, “but you have to act
immediately.”
I HAVE NO PROBLEM WITH LAWYERS, BUT IN MY CASE THE INSURANCE
COMPANY IS OFFERING THE POLICY LIMITS. WHY SHOULDN’T I SETTLE AND SAVE
THE ATTORNEY’S FEES?
That’s the problem with handling your own claim when you are in
emotional turmoil. You probably didn’t check the assets of the
responsible individual whose insurance limits you want to accept. A
wrongful death attorney or personal injury attorney would do this
before settling a claim. Do you know that you are not giving a full
release for $50,000 policy limits, even though your claim is worth
much more, and the party at fault is worth millions? Do you know
whether or not there is someone else who is also at fault that you are
ignoring or of whom you are even unaware? I have on occasion advised a
prospective client in your situation that I thought I probably could
not do any better and to accept. The good will I build is worth much
more than the lost fee.
THE FATAL ACCIDENT HAPPENED ON THE JOB. DO WE NEED TO DO ANYTHING
BEYOND DEALING WITH THE WORKER’S COMPENSATION BENEFITS?
Quite possibly so. The employer may pay the correct injury or death
benefits without your needing an attorney. That is well and good, but
do not expect the employer to advise you that you might sue other
parties to collect further compensation to which you might be
entitled, especially if the negligent party is a business with whom
your employer works closely or is close friends. You could be entitled
to much more than only Worker’s Compensation Benefits. A worker’s
compensation attorney may be assisting you, but he or she may or may
not litigate fault based lawsuits like a wrongful death lawyer or
personal injury lawyer. If you have any questions about whether
someone at fault might be financially responsible for your loss other
than the employer, it would be wise to consult a attorney who is
knowledgeable about claims for negligently caused deaths and injuries.
|
|
This website contains law related
information that it is hoped my be informative and educational. It
does not constitute legal advice, nor does it create an attorney
client relationship. No claim or warranty is made that any of this
information applies to your situation. You should NOT take this
information and attempt to use it in the place of proper legal
representation.
This site also contains communications from a member of the State Bar
of California concerning availability for professional employment. |
|
