Brad Pistotnik Law
Abogado El Toro

How do you determine who gets the money from a wrongful death accident?

How do you determine who gets the money from a wrongful death accident?

After a bad car wreck, motorcycle accident or tractor-trailer accident that results in a wrongful death many clients will call and ask how are we going to get money from mom or dad’s case. Several factors and criteria may change the case. The first and foremost issue is about liability. Does the other person in the accident have fault? If not, the case may be limited to just medical PIP, wage PIP and funeral expenses. Once you have fault on someone else that caused the bodily injuries and death then the next step is to determine what insurance is available. There may be insurance from the driver who caused the wreck. There may be insurance from the owner of the car. If the vehicle causing the accident was a business vehicle there may be commercial liability insurance. You also may have uninsured and underinsured motorist coverage under K.S.A. 40-284(f).

The next important issue is to determine if the loved one died with or without a will. If they died without a will then it is imperative to have a probate attorney help set up the Administrator or Executor of the Estate. If no will exists, the person died intestate and the attorney must petition the court to get one of the heirs-at-law appointed. Most personal injury lawyers like Brad Pistotnik Law ® and the Bull Attorneys! ® will start the process for the clients.

Many people end up fighting over the money and going to different lawyers. When the heirs can reach agreement, it is always better to have one law firm instead of several different lawyers. The more lawyers involved the more the fees they will take and the longer the final resolution will take.

Wrongful death cases can create grief among family members and siblings where the parties are selfish and do not want to split equally. This is always unfortunate for the heirs who should receive equal splits called per stirpes division. Thus, everyone acting fairly at the start is always better. A good lawyer should be ale to help people understand that fighting with many law firms over one pot always leads to stress.

Searching for the right lawyer may take time. At Brad Pistotnik Law ® and the Bull Attorneys ® we handle a large number of wrongful death cases. We never charge money up front and you only pay if you win or recover money. We have a large number of staff and we can afford to help pay all the case development costs and wait for the case to settle to be repaid for those expenses.

We file suits rapidly and we settle cases quickly. In some circumstances we can settle a case for a wrongful death in a few months. Insurance companies know that we have a record of fighting our battles with strength and zeal. We are not scared of any insurance carriers or their lawyers since they are just insurance company lawyers and many times insurance company lawyers are overworked and underpaid which works to your advantage. Brad has been doing this a long time and graduated from law school in 1981. He teaches all of our younger lawyers how to build cases and how to properly take depositions and hire experts. This mentoring process gives our lawyers a unique capability that many lawyers never get. We litigate cases every week of the year and experience begets experience. When you only want an experienced lawyer with a proven track record then you need the Bull Attorneys! ®

We handle really complicated cases that involve serious bodily injury and death. We handle cases with paraplegia, quadriplegia, tetraplegia, nerve injuries, spine injuries, brain injuries, shoulder and knee injuries. We also handle amputation cases. Brad and the Bull Attorneys! have a full medical library and we know any of the doctors in the Wichita area. Many of the doctors will work with our firm because they know we do not give up and we help people in need. Always have always well. Our main office is in Wichita on North 21st Street just East of Webb Road and our Garden City, Kansas office is right across from the super Walmart and near Home Depot and Applebees. When you are looking for the best attorneys you have to search hard because there is no such thing as the best attorney. The best attorney is the one who you like that has knowledge, skill, experience, tenacity and compassion. This skill set is hard to find. We have it. If you meet Brad Pistotnik, Tony Atterbury, Bill Barr, Jay Sizemore or Corey Sucher you will see rapidly what I mean. We are the Bull Attorneys and can be reached at 620-THE-BULL, 800-WIN-BULL, 800-241-BRAD or 316-684-4400. When you need a really good hard-working lawyer, attorney or abogado then we are the firm you need. We answer the phone 24/7 even at night, on the weekends, on Holidays and every other day of the year 365 days a year.