A sudden accident can turn a family’s world upside down. Imagine a case in which a husband and father of two is killed in a tragic highway crash caused by a distracted commercial truck driver. Suddenly, that man’s spouse and children are put in a difficult situation, say nothing of the depth of their grief and sorrow.
Later, the survivors discover that not only was the truck driver distracted, but the company he was driving for may have failed to conduct a thorough background check on his record. This makes everything worse, as the family realizes this accident could have been prevented.
As the dust settles, the family begins to talk about filing a wrongful death claim. When discussing their next steps, they realize that they will need to decide who should serve as the personal representative in the case.
The attorneys at Shapiro, Washburn, & Sharp understand how overwhelming these circumstances can be for grieving families. We have guided countless clients through this complex process and can help yours as well. If you or a loved one was killed due to someone else’s negligence, call our Virginia Beach wrongful death attorneys today at 833-997-1774 for a free consultation.
What is a Personal Representative in a Wrongful Death Case?
In a wrongful death case, a personal representative is legally appointed to act on behalf of the deceased person’s estate and surviving family members. This person doesn’t have to be a family member, but they usually are. Also called the estate representative or administrator, they make critical decisions and oversee the legal action.
Often, the family will get together and discuss the matter, then agree on who should serve as the personal representative. There is another step they have to take, however, as that person must then be legally authorized to act in this capacity.
That means they have to petition the court in the county where the deceased person lived at the time of death. They file an application along with any required documents—which could include the death certificate and proof of their relationship to the deceased—and then the court reviews everything.
If it all looks good, the court will approve that person to be the legal representative. Without this formal approval, the representative is not allowed to file lawsuits, access the deceased person’s accounts, or make binding legal decisions on behalf of the deceased.
If the deceased person left a valid will, they may have named an executor (personal representative) in that will. The named person has the right to serve in that role if they are willing and able to do so. They must still petition the court to be formally appointed as such, however.
When there is no will—or the named executor is unable or unwilling to serve—the family must agree on who will be the representative, and then the court process proceeds as outlined above.
What Does the Representative Do?
The representative has many responsibilities when it comes to the wrongful death case. They work closely with the wrongful death attorneys to gather and preserve evidence, including medical records, accident reports, witness statements, expert testimony, and other evidence that will support the case.
They then must work with the attorneys to file the claim within the statute of limitations. They coordinate with other family members to get all the damages down, including lost income, medical expenses, pain and suffering, and loss of companionship. They help document the deceased person’s contributions to the family, both financial and emotional, and then get copies of these documents to the wrongful death attorneys, who use them to calculate the total amount of damages.
Throughout the litigation process, the representative makes important decisions regarding settlement negotiations, whether to accept or reject settlement offers, and how to proceed if the case goes to trial. In all these decisions, they keep the best interests of all beneficiaries in mind.
They must also be prepared to handle paperwork, meet deadlines, and attend court appearances, as well as oversee any settlement or court award and its subsequent distribution. Overall, they are the official point of contact for the estate.
Does the Representative Get a Larger Share of the Settlement?
Families are sometimes concerned that the representative will get preferential treatment when it comes to a settlement or award, but they don’t need to be. The representative’s role is one of responsibility, not privilege, and any damages awarded are distributed evenly among beneficiaries or in accordance with state law or court direction.
How Can a Wrongful Death Attorney Help?
It’s hard enough dealing with the loss of a loved one without having to manage a legal claim at the same time. Our experienced wrongful death attorneys can be invaluable allies, providing you with both legal expertise and emotional support during this difficult time.
If you’ve lost a loved one due to someone else’s carelessness, contact us at Shapiro, Washburn, & Sharp. We will handle the complex legal work while keeping you informed and involved in key decisions. We’ll also serve as a buffer between you and the insurance companies, opposing counsel, and the court system, as we did for our veteran client who was hit and killed while crossing the highway. We helped negotiate a $2 million settlement in favor of his estate.
Our offices are located in Virginia Beach, Norfolk, Suffolk, Hampton, and Portsmouth.
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For over twenty years, Mr. Sharp's law practice has focused on serious personal injury claims, including traumatic brain injury and spinal cord injury claims. He also handles nursing home neglect cases and medical malpractice claims. Mr. Sharp has counseled numerous clients about the complexities concerning litigation of both pediatric and adult brain injury. Mr. Sharp has been awarded the AV Preeminent ranking by Martindale, the highly respected and widely utilized directory of lawyers throughout the world. AV Preeminent status is awarded only to those lawyers who achieve the highest level of success within the legal field and is a testament to the fact that a lawyer's peers and Judges rank him at the highest level of professional excellence. He has also been recognized as a "Best Lawyer" by U.S. News for personal injury, an accolade awarded to only a small fraction of lawyers. Mr. Sharp has also been recognized by Super Lawyers as one of the top personal injury lawyers in Virginia. This recognition is awarded only to those lawyers who have achieved the highest level of success and have been recognized by their peers as demonstrating the highest level of professional excellence.
