Ross Kaminsky, John Fuller, Janine Larose discussed on The Troubleshooter
Troubleshooter and and we're going to sum this up, okay? Because he lane is a personal representative in an estate of a man that died and I want to make this clear. If that man when no matter who it is, whether, whether if you have Pain and suffering claim and you die that claim. Goes away. The dead cannot bring pain and suffering. Even through a representative. It's just Not allowed. So then economic damages. Are there. What happens there? You can bring Suit. For the estate for economic damages, though for medical bills for different things, right, John for for for that, right? Yep. Okay. Now, then there is a third classification. If you go after called wrongful death that's completely apart from pain and suffering and economic damages. It is a claim reserved for people specifically mentioned in the law. Even if you think it's not fair, then change the law because right now, the law says only certain people can get pain. Excuse me can get wrongful death. And who are those people? Generally speaking a spouse, Children of or parent. Okay, now the estate does not get wrongful death. People get wrongful death and pain and suffering. Goes away when he died. So Elaine you as the personal representative of the estate can bring an economic claim if you had one for any economic loss now. What an economic loss. John be lost wages, medical bills, medical bills, Okay, what are lost wages and those things? Well, I mean, in theory, those are still economic losses, but really, because he's dead. The only thing she really still has is the ability to maybe bring a claim on behalf of the estate. And just for those medical expenses that occurred and and doing so may not be a smart thing to do. Because there as an example, there may be an insurance company that has a segregation, interest or too fancy way of saying a right to get paid back that they would not have the right to go after a wrongful death claimant, But they would have a right to petition for repayment from the estate. Okay, so In recognizing a will. They are recognizing that you ever write to disperse of all of the assets of the estate, and you have a right to seek economic damages, and that's it. It's all the assets minus the depth and administer to state. So that's what I'm saying is by bringing this claim you might invite. A debtor claimant into the estate that would have a right to get paid back out of those processes. Elaine. It's really simple to understand, though, that the wrongful death is not allowed for anyone but the people mentioned in the law. But why pay for an insurance so many deck Because insurance is for Because uninsured motorist coverage is for economic losses. And for pain and suffering. By the way, John Fuller has to run and we always tell you you can call for free information free legal advice three or 3597 45 100 when you're injured. 33597 45 100. Thank you, John. So, Elaine, I know what you're saying. Why did he bother having paid uninsured and underinsured motorist coverage Because it does cover what we just said. It covers pain and suffering if he was alive. And it covers also Economic damages so you can go after economic damages. You keep saying, Why have insurance go after the economic damages? You can't go after pain and suffering Because that dies with the person who were they common law married? She never let us know that Okay, shouldn't really matter on John. Just last thing, John said. Be careful about going after the economic damages. Because you could be bringing other people in that might take more than what you get. All right, so I'm not I won't do that. But the insurance the insurance is good for something and again. We all have things in our mind the way things should be. Like, for example, pain and suffering. They die with the person. So if you have a great pain and suffering claim it's gone. When you die, it's gone. The only thing that you're a state can seek Is an economic damage and only very specific people can do the other claim. Of wrongful death now. Blake Harris law dot com. He is a an estate planning attorney and has issues so we want to talk about Rhona situation. The problem is, we're running out of time. And Blake. I'm going to ask if you can Please hold but Rhona Is on SSC and SSD I and got 72 grand And she needs some advice. So if you can hang on, we have more coming up. This is Denver's talk station with Ross Kaminsky in the morning and Dan Capitalists in the afternoon. 6 30 H o W. Denver Now impact traffic. This report is sponsored by Discover from the BET. Fred Sports Traffic Center. There's a crash on southbound 25 at the Thornton Parkway that stretch slow from 136. Serious accident on North found Pina Approaching tower from this morning has been cleared. But now it looks like they're doing some road repairs through there. So still sluggish. Heading into Dia from 56 Street sweepers, slowing things down on westbound C 4 70 near Ken Caryl. And the lights are flashing red and backing things up on highway 2 87 at South Boulder Road, Fox 31 Pinpoint weather. Partly cloudy and hot this afternoon will cool off to the mid sixties. Overnight tonight. It's 100 right now, in Denver with your impact traffic and weather. I'm Janine Larose 6 30 K. How discover matches all.