Re: conflict of interest
I'm sorry to hear about your loss. I cannot imagine how difficult this must be for you. You are going to have a lot of work on your hands dealing with litigation of your father's wrongful death claim against the driver, pursuing a workers compensation claim against his employer, and with taking his estate through the probate process.
To answer your question about whether the employer's attorney would have a conflict of interest in representing your father's estate, I think that the conflict of interest is pretty clear. There is a conflict of interest in this situation because your father's death occurred in an on-the-job accident, creating employer liability to the estate. The attorney for the company would have a conflict of interest in representing your father's estate because there is a claim against both the other driver and against the employer. Additionally, in some situations a dispute may arise over whether certain funds obtained from the person who caused the accident should go to the estate or should go to the employer as reimbursement or subrogation for monies they paid out in workers compensation benefits. Thus, the attorney could be in a conflict of interest situation not only in pursuing the claim against all the appropriate defendants, but also in how to distribute the funds obtained from the person who caused the accident.
I would have to know more details about what happened before I could be more specific in my advice. Cases like this are complicated and the details are very important. However, I don't see how the attorney for the company can possibly think it is appropriate to represent both sides of the case. Perhaps there are facts about this particular situation that would make it permissible, but I doubt it.
If you would like to speak to me about your case, please feel free to give me a call or send me an email at wpfeifer@gmail.com. I'll be glad to take a look at your situation to see what we can do to help.
Good luck to you and your family as you go through this difficult time. My thoughts and prayers are with you.
Bill Pfeifer
