If you are involved in a collision or otherwise injured by another, a number of concerns invade your life.  Who pays for my necessary medical care?  What must I do to comply with the requirements of my insurance contract?  Who will pay my lost wages?  What do I need to do immediately to avoid problems getting full and complete compensation for my injuries?

I have been addressing these concerns for our community for over thirty years.  Everyone’s situation is unique and requires answers tailored to your unique concerns.  That is why I offer free consultations. 

For a free consult email sherri@lesterandassociates.com

There is no substitute to a professional consultation.  However, I understand schedules may delay you seeing someone qualified to help.  To help you avoid mistakes that can hurt you, I provide the following frequently experienced situations and suggestions on how to proceed.  Of course, without knowing your exact situation, I cannot advise you.  Seek professional counsel for your situation. 

Generally, you must cooperate with your insurance company. If it asks for a statement, you are normally required to provide one.  That statement should be honest and complete.  However, be careful to say only those things you know.  I understand that limit should be assumed.  Sadly, my experience suggests it is not.  Many people guess at answers or assume facts that they could not know.  If you have not experienced the injuries caused by a collision before, you may assume they are temporary or minor.  My experience with my clients suggest there is no way to know until time passes.  Some injuries do not present for weeks or even months.  Be honest with yourself about the limits of what you know.

Conversely, you are not required to or advised to talk with the insurance company for the person that chose to ignore safety rules and hurt you.  The at-fault party’s insurer goal is to make you go away cheap and quick.  It loses if you understand the extent and impact of your injuries on your life before it gets you to sign away your claims. Be certain of your injuries before making any decisions.  Are you completely back to normal? 

Will you need any more care?  How much will that care cost?  How will the injuries affect you in future? What areas of your life changed due to the collision?  Can you attend social events and participate?  Are you isolated by your injuries?  Are you concerned you will never get back to your life? Does the amount offered by the insurance company fully and fairly compensate all your injuries?  The law requires full and fair compensation for all your economic and non-economic damages (normally substantially larger than economic damages).  Do not give up your claims unless you know your answers.

Washington law requires insurance companies provide personal injury protections (PIP) coverage in its policies.  You will have PIP unless you waived it in writing.  PIP can provide payment of your medical costs and wages lost due to the collision.  Review your insurance policy carefully to see what benefits you have.  You paid for the coverage and your insurance company is legally obligated to provide the coverage you paid for. In fact, the law requires your insurance company put your interest at the same level or above its interest (Insurance Fair Claims Act).  Know and exercise your rights.

Washington law provides tools to combat the resource imbalance between you and the insurance company.

There are many other concerns that enter your life after a collision. Consult a professional for help.

Washington law provides many tools to eliminate concerns about your property for those you love.  Over the last thirty years, I have been asked many questions often. What happens if I die without a will; Does all my property go to the state?  When do you need a probate?  How much does a probate cost?  What can I accomplish with a will?  Who needs a power of attorney? What type of power of attorney will protect me if I get sick?  Of course, everyone’s life is different and unique issues are present.  Even so, some general concepts affect all of us.  My comments below are given to provided you some general ideas to identify your specific questions.  Only answers to your unique questions should guide your choices.

INTESTATE

If you die without a will you die intestate.  Washington has an intestate statute that identifies who receives your property when you die.  Your beneficiary is determined by your relationships at the time you die.  Are you married?  Do you have children?  Do you have siblings?  Are your parents still alive?  The answers to those questions must be analyzed in connection with the intestate statute.  It is only very rarely that the State receives your property. If you wish to control who gets your property at death, it is normally best to have a will and leave nothing to chance.

PROBATE

Mention probate and concerns about cost, delay and complexity often arise. Normally, a probate is neither costly, complex or time consuming.  Most probates run less than six months from start to finish.  The property at issue in the Will can transfer according to your wishes within a couple of weeks after an executor is appointed by the court.  The cost is normally less than $2,500.00.  Of course, just like all of life, some situations are more complex and costlier.  Washington law requires a probate if your estate contains real property (land/house) or is worth more than $75,000.00.  There may also be other concerns that suggest a probate is the best approach.  You are always best served discussing your situation with a professional. The details of your life determine the answers.

WILLS

A Will allows you to tell the world what you want to happen upon your passing. There are some limits to what a will can do, but generally with some thought and creativity most desires can be met with a will.  There are many other tools marketed to meet your goals.  The most effective and often the least effective is a trust.  Creating a trust is a wonderful way to complicate a situation and spend a bunch of money on an attorney.  Like every other tool, there are a few unique situations where the cost, complexity and limitations of a trust are warranted and needed to meet your goals.  Those occasions arise very seldom.  Discuss your desires with a professional to see what tool can be used to achieve your objectives. 

POWER OF ATTORNEY

Powers of Attorney give the person you designate as your attorney-in-fact the legal authority to conduct your affairs as if they were you.  They operate until you die. After your death, either your will or the intestate statutes control what happens.  There are many different powers of attorney and each is designed to accomplish a different objective in a different situation.  A commonly known power of attorney,  A general durable power of attorney that is recorded, can be crafted to accomplish most clients’ objectives.  Generally, powers of attorney may make sense if you don’t have anyone who is able to take care of your affairs when you are unable to do so. Of course, there are always unique issues that dictate the best approach for your situation.  To determine which if any Power of Attorney makes sense for you, it is always best to consult with a professional.

We provide free consultations to discuss your goals, how we can help and what the costs will be.  To set up a free consultation, email sherri@lesterandassociates.com