[WSBAPT] Possible wrongful death action

[Mark Anderson]

Dear Ann:

Attached is a document from back in 2008 that outlines the basis for claims a Wrongful Death Action and a Survivor Action.  The concepts have likely not changed much if any since then.

The PR is empowered to bring a Wrongful Death Action on behalf of the Estate and a Survivor Action on behalf of the statutory survivors who, in this case, would be the daughters.

The insurance company will likely want the PR to execute a release and hold harmless agreement for all claims that the PR could have brought, including the survivor action.  This would preclude the daughters from pursuing any claim against the at-fault driver.

Mark B. Anderson
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Ann Manley
Sent: Thursday, October 24, 2024 1:09 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Possible wrongful death action

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
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On Thu, Oct 24, 2024 at 12:49 PM Maura McCoy <maura at theharborlawgroup.com<mailto:maura at theharborlawgroup.com>> wrote:
Good afternoon,

Does anyone have a referral for an attorney who does probate/trust administration near Westminster, CO?

Thank you in advance!


Maura Senecal McCoy | Attorney
(she/her/hers)

[cid:image001.png at 01DB292C.DBD152F0]

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