Wrongful DeathI would like to talk to you a little bit about wrongful death cases. There is nothing more difficult than representing in a state on behalf of someone who has died as a result of an automobile accident, swimming accident, amusement park accident. It’s always very, very difficult. There is a specific statute in the State of Ohio that pertains to wrongful death cases. Let me give you a little example of how this would occur. Let’s say you have the unfortunate situation where a loved one has died to the negligent conduct of another driver. The first thing that has to happen is in the state in probe a court has to be open on behalf of the decedent. Whoever is assigned as the administrator or the executor will be the individual tasked to open the wrongful death case. Let me explain that, if the person has a will - the executor will have the responsibility of hiring an attorney to represent the state in the wrongful death claim. The wrongful death claim is primarily for the heirs of that decedent. In other words the statute will specifically state who is entitled to recover in the event there is a settlement of the claim.
Let me give you a scenario. Let’s take the situation where a client’s husband has been killed in a car accident. She’s appointed as the executor of the state and she hires me to represent that state on the wrongful death claim. We eventually are able to settle the wrongful death claim. There is a certain amount of money that goes into that pot to settle that claim. That money then goes into probate court. The probate court judge along with the executor and the heirs will then decide who is going to receive that money. Quite often time it is divided according statute which has specific individuals that are entitled to recover. Normally, the spouse, the children, or the parents. After the case is settled, if there is an argument as to who gets the money, then each of the individual claimants, the heirs, would have to get their own attorneys and get to probate court and argue as to what they believe they are entitled to.
The main thing to remember about a wrongful death case is that there is a statute. A specific statute that provides all the details for bringing that wrongful death claim in the State of Ohio. I hope that you never have to call me for a wrongful death claim. But if you do rest assured that we know how to handle these claims and I have handled this numerous times in the past. Feel free to give us a call (614) 944-5055 we will be more than happy to meet with you at your home or anywhere that will make it convenient for you and discuss this very difficult subject. Connect with us on Facebook and Youtube so that you can learn more about the Flickinger Legal Group.
Happy New Year from the Flickinger Legal Group! Please have a safe and fun night!
Merry Christmas from your friends at the Flickinger Legal Group!