Everything listed under: wrongful death

  • Conflict of Interest in Wrongful Death Settlement

    Decedent was killed in one vehicle crash. Her caretaker was driver and owner of vehicle. Decedent's will named the caretaker as PR of estate.

    Caretaker/PR (without legal counsel or probate approval) settled the wrongful death claim against herself with her own insurance company. The caretaker/PR aka tortfeasor/insured signed release as PR of the estate and her insurance company issued a check to the caretaker in her individual name only. Caretaker cashed the settlement check, spent the money, but never identified or accounted for the wrongful death claim or proceeds in probate. I've been hired by the estate to pursue any claims against caretaker and her insurance carrier.

    The liability of caretaker/PR seems clear, my question is in identifying claims against the insurance company for making payment to their own insured/tortfeasor. Also, will the insurance claim file be subject to production in discovery?  Read More...

  • Probate of Wrongful Death Proceeds

    Am I correct that wrongful death proceeds are not assets of the estate, and a “creditor’s claim” for a debt unrelated to the wrongful death cannot encumber the distribution of the wrongful death proceeds in accordance with 12 O.S. § 1053? Decedent died intestate and there are no assets of the estate. Surviving spouse appointed PR.  Read More...

  • Death Limits Under OGTCA

    I have a case where a father was killed in a wreck caused by a county employee. He left a surviving spouse and several children. Does each claimant receive the OGTCA limit or must all share in one limit?  Read More...

  • Liability Question

    I’m looking at a potential wrongful death case involving a taxi cab (Yellow Cab Company) that struck my client from the rear while she was stopped for a red light. Do you know whether cab drivers are independent contractors, and even if they are, or claim to be, wouldn’t the cab company still be exposed?  Read More...

  • Probate Needed in Death of Minor?

    I represent the parents of child killed in a car wreck. The liability carrier has tendered limits. Do I have to file a probate and have a parent appointed "Personal Representative" for the minor's estate?  Read More...

  • Estate Creditors Claims Against Wrongful Death Proceeds

    Are the proceeds from a wrongful death settlement subject to claims by the deceased’s creditors (ie, credit card or other similar debt)?  Read More...

  • VA Lien on Wrongful Death Settlement

    Client is injured in auto accident, suffers two weeks and dies. Liability tenders $100,000 limits, which is just about the amount of VA lien. Deceased leaves only three siblings and his mother, none dependent. Does VA get the whole tender  Read More...?
  • Does UM Insurer owe duty to protect wrongful death beneficiaries interest?

    Man dies in car wreck and is survived by common-law wife and three adult children from a previous marriage. He has UM which paid full UM benefits to common-law spouse. Was she entitled to full proceeds or are grown children also entitled to some of the UM?   Read More...

  • Worker's Comp Exlusivity

    I have an on the job death case that appears to be the result of the negligence of a fellow employee. Since the decedent was not married and had no children, no claim for the death could be made under the worker's comp act, though the parents and siblings can make a claim under the wrongful death statute. Since there is no claimant under the Comp Act, does that lift the bar on district court claims? Can I file a lawsuit in district court based on the negligence (not intentional acts) of the employer?  Read More...

  • Wrongful Death: Relitigating Probate Court Determinations

    Before wrongful death case was filed, probate court enters an order finding administrator was decedent's common law spouse.  Defendant in later filed wrongful death case is now trying to prove administrator was not common law spouse.  Seems to me this issue is already decided.  Read More...
  • Wrongful Death Cap

    In a wrongful death case against the county am I capped under GTCA at $125,000 each for mother and father, or for one total of $125,000?  Read More...
  • Rep Files Wrongful Death Case Individually and as Personal Representative

    Appointed personal rep files wrongful death case individually and as personal representative of the estate. Defendant moves for summary judgment claiming Joe Blow can’t sue individually, but only on behalf of the estate. Any thoughts?  Read More...