[WSBAPT] Possible wrongful death action

[Dalynne Singleton]

Ann, I doubt the insurance company will settle without a release signed by the Administrator/PR of the Estate of the decedent.  It is that person appointed who has authority to settle the claims and make arguments for damages not only for the widow but the two stepdaughters for the wrongful death.  All three of these individuals are listed as beneficiaries of WD claims in Washington.  First thing to do is open the probate and appoint the Admin/PR.  Then, have that person sign a fee agreement with a WD attorney to make the claims.  Not sure if that would be you given the widow is your client and appears to have differing views on the claims for the step daughters.  If the widow is appointed as the Admin/PR, she will need to bring the claims on behalf all beneficiaries and not just herself.  Those claims may include those you mention against the city/county.

If you want to talk more, give me a call next week.

Dalynne Singleton
Gourley Law Group
Snohomish Escrow/The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291
360.568.5065
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>   Website:  www.glglawgroup.com<http://www.glglawgroup.com/>
Attorney/client meetings will be handled virtually whenever possible.  If you would like to set a telephone conference, zoom, or in person meeting, please call or email one my paralegals Valerie valerie at glgmail.com<mailto:valerie at glgmail.com>, Kelly kelly at glgmail.com<mailto:kelly at glgmail.com>, or part time paralegal Theresa theresa at glgmail.com<mailto:theresa at glgmail.com>.  Attorney Spencer Clower & paralegal, Kristin Jacobs, can be reached for Estate litigation (spencer at glgmail.com<mailto:spencer at glgmail.com> and kristin at glgmail.com<mailto:kristin at glgmail.com>).

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On Thu, Oct 24, 2024 at 1:09 PM Ann Manley <ann at manleyfirm.com<mailto:ann at manleyfirm.com>> wrote:
My client's 80 y.o. husband was walking across a street at night when he was hit and killed by a driver. The driver had policy limits of $100k, which has been offered by the insurance co to my client. There may be a claim to be made against the city or county, as there had been prior pedestrian fatalities at this location. My client is not interested in pursuing this any further. However, my client's husband has two adult daughters (my client's step-daughters).

Question: do the adult daughters have a potential claim against either the city or county; and if so will we be foreclosing their opportunity to proceed if we accept the $100k to settle the case with the insurance co?

Ann Manley, Esq.
The Manley Law Firm, P.S., Inc.
PO Box 16324
Seattle, WA 98116
(206)292-3064 / (206)292-3914 fax
www.manleyfirm.com<http://www.manleyfirm.com>

The Manley Law Firm practice areas include Bankruptcy*, Estate Planning, Auto Accidents, Civil Litigation, Construction, Commercial and Contract Law, Personal injury, Small Business, Unemployment Claims, Wage Loss and Compensation claims

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