Travel Reference
In-Depth Information
location of the individual, hazards for the person rendering aid, the equipment available,
and the physical condition of the parties.
Finally, although a legal basis for claims sometimes does exist, lawsuits arising from
voluntary medical assistance are rare. Few claims have followed voluntary assistance for
individuals involved in wilderness accidents or illnesses.
Establishing Death
Theproblemofestablishingthatapersonisdeadisprimarilymedical,notlegal.Adeath
certificate signed by a physician is the customary method. If a physician is not available,
a statement by persons who have actually seen the body and checked it for life usually
suffices. If the body cannot be found or recovered following accidents such as drownings,
avalanches, or debris flows, the statements of those who witnessed the accident are ordin-
arily adequate. If no one saw the accident, death may still be established satisfactorily by
circumstantial evidence, such as abandoned equipment, a deserted automobile orcampsite,
or the last statements of the deceased.
However,whensuchevidence cannot befound,andonlythedisappearance ofthemiss-
ing person into a wilderness area can be documented, particularly if the wilderness area
is one from which the person could usually escape without difficulty, death might be im-
possible to establish. In such instances, enough time must pass for legal “presumption” of
death, usually seven years.
Disposal of the Body
The next of kin and local law enforcement agencies both have a legal interest in the
body.Thenextofkinhastherighttodeterminethedisposalofthebody(usuallycremation
orburial),wherethisshallbedone,andwhatreligiousceremonyorothercustomsaretobe
followed. Law enforcement agencies must determine the cause of death to ensure that no
crime has been committed and no public health hazard exists and must ensure that disposal
of the body does not offend public sensibilities.
The next of kin and the law enforcement officials may decide to leave a body in a re-
mote, inaccessible location. Following a wilderness death, the members of a party are not
legally obligated to retrieve or even to find the body.
Estate Administration and Life Insurance
Death occurring in the wilderness, even if the body is not recoverable, does not pose in-
surmountable problems intheadministration ofanestate orthesettlement oflife insurance
claims.Foradministrationoftheestate,deathmustbeproven,butthetestimonyofpersons
whoactuallysawthebodyisusuallysufficienttoestablishthefactofdeath.Ifthedeceased
had life insurance, proof of death is a necessary condition for the payment of benefits. In
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