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Insurance coverage is essential to getting the best recovery possible in most Ohio tragic accident cases. Most defendants do not have enough money or assets to adequately compensate the family members of someone killed as the result of negligence.
In one Perrysburg, Ohio fatal accident case, we represented three seriously injured people and the insurance company told us there was only $500,000 in coverage. After we threatened to file suit against the large corporate defendant, we were finally told that a "mistake" had been made and there actually was $2 million in coverage. Our attorneys demand to see certified copies of insurance policies and signed affidavits that the defendant does not have an "umbrella policy," which covers claims that exceed a basic insurance policy.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
Families can suffer a huge economic loss when a loved one dies. In order to prove the amount of that loss, our office hires an economist. Most economists are university professors who look at the decedent's income level, the income they would have earned had they lived, prior tax returns, and other economic data to determine the value of the economic loss caused by the Ohio fatal accident death.
In addition to having excellent academic credentials and real-world experience, an economist also must be a superb communicator with the jury.
The death of a loved one due to an Ohio wrongful death accident is usually devastating, especially when the cause is someone else's negligence. The loss typically causes psychological injury to the survivors. Depression, post-traumatic stress disorder, and anxiety are the most common results. The report of a highly qualified clinical psychologist can help document these very really psychological injuries, which can be presented to the defendant and the jury.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
The grief counselor can document loss and help the survivors deal with the tragic situation. The grieving process is an expected part of the wrongful death of a loved one with various stages the family needs to work through with the help of the counselor. The Toledo, Ohio wrongful death attorney can help the family locate trained professionals who can best deal with these issues.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
Generally, the statute of limitations on a Toledo, Ohio wrongful death claim is two years, which means if a lawsuit has to be filed, it must be filed within two years of the decedent's death. It's extremely important to keep track of this date. If the two-year period lapses, a claim will be barred forever. The idea behind a statute of limitations is that crucial evidence that someone needs to defend such a lawsuit could be lost or destroyed if too much time passes.
If the decedent's death was caused by a defective product, generally the product can't have been delivered to the first purchaser more than 10 years prior to the death.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
Under state law, Ohio wrongful death suits are brought in the name of the executor of the decedent's estate in the name of various beneficiaries. A beneficiary is someone who is entitled to financial compensation should the case be proven.
In Ohio, the beneficiaries are relatives of the decedents, such as the decedent's surviving spouse, children, parents, and siblings. A parent who a court determines had abandoned a minor child may not be a beneficiary in a wrongful death claim should the child die.
The probate court judge determines how a settlement or award is to be distributed among the potential beneficiaries based on the relationship to the decedent and the degree of loss to the beneficiary. For instance, if the decedent was the breadwinner in the family, the surviving spouse and children would be given more money than a sibling of the decedent.
If all the beneficiaries are at the same level in the law's eyes - for instance a group of siblings - they can decide among themselves how to divide up the money and ask the court for approval.
Beneficiaries under 25 years old can be treated differently by the Court in order to protect their interests. The Court can create a trust for beneficiaries under 25 and order that the money be held in trust until the beneficiary turns 25 or that it be distributed in accordance with the terms of the trust.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
Though it is little consolation to people who have lost a loved one, the way our court system compensates the beneficiaries of a decedent is by awarding money. Damages - the term used to refer to the various reasons for which financial compensation can be awarded - are available for the estate for the damages of the decedent and to the beneficiaries
The estate of the decedent can be compensated for the medical bills incurred to treat the decedent prior to the Ohio tragic accident death and for the pain and suffering the decedent experienced as a result of the accident or wrongdoing.
Under state law, the following damages are available to the beneficiaries: loss of suppert, loss of services, loss of society, loss of prospective inheritance, and mental anguish.
Read more to learn about each damage available to the beneficiaries.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
Loss of support - This refers to the lost earning capacity of the decedent had he or she not died in a Findlay, Ohio tragic death accident. The factors taken into consideration for loss of support would be the salary at the time of the decedent's death as well as the amount of money the decedent reasonably could have been expected to earn in the future had the death not occurred. Charts called "life tables" are used to calculate how long the decedent would have been expected to live based on such factors as age at the time of death, gender, and race.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
Loss of services - Damages for loss of services are available to beneficiaries of Fremont, Ohio wrongful death cases. It's a sort of vague Ohio tragic accident claim, but essentially the law allows beneficiaries to collect compensation for services the decedent provided the beneficiaries. For example, assume Betty was killed as the result of someone's negligence. If Betty provided daycare for her daughter Leslie's children, Leslie could seek compensation for the money it cost her to secure daycare. That's not to say that the estate must show all the claimed lost services are attached to a specific dollar amount. The jury can determine a dollar figure for each lost service.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
Loss of society - Under this category, beneficiaries of Ohio wrongful death accidents can seek financial compensation for such things as the loss of companionship, care, assistance, protection, advice, guidance, and education provided by the decedent. Obviously, it is difficult to put a dollar figure on these types of damages because they're not easily quantifiable. For instance, you can't look in a book to find a figure that would fairly compensate a wife deprived of decades of a future with her deceased husband. That's the job of your Perrysburg, Ohio tragic accident attorney - to place a dollar amount on the loss of a decedent's society and to justify that amount with a reasoned argument to a jury. Though it's not readily quantifiable, it's certainly a huge and legitimate loss to the beneficiaries - a loss for which they deserve to be compensated.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
Loss of prospective inheritance - Under this category, beneficiaries of Toledo, Ohio tragic accident cases can seek financial compensation for the inheritance they might have received from the decedent had the decedent lived a normal lifespan.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
Family members can be awarded compensation for the mental anguish they endured as a result of the loss of their loved one . Like loss of society, this may be a hard figure to quantify because there's no formula for setting a dollar value on one's pain. Nonetheless, it can account for a significant amount in a damages award because most people can relate to the grief experienced as the result of the death of a family member.
Making a case for mental anguish is similar to asking for pain and suffering damages in a routine personal injury case. Your Ohio tragic death accident attorney could ask the jurors to award money based on the anguish endured over a set time period such as months or years. Your Swanton, Ohio fatal accident lawyer may take a different approach by not suggesting a formula and simply asking the jurors to determine a fair figure to compensate family members for the mental anguish they've suffered.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
As mentioned earlier in the book, Ohio wrongful death cases are brought because of another party's negligence or wrongful conduct. It might be helpful to understand a little bit about those concepts.
Just because someone dies doesn't mean a Fremont, Ohio wrongful death case can be justified. For example, if Bill trips in a grocery store over cans stacked in an aisle, causing him to hit his head and die, there won't be a case. Under Ohio law, those cans would be deemed an open and obvious hazard that Bill should have seen, so the store wouldn't be negligent.
If, however, a grocery store employee spilled some clear, liquid soap on an aisle and left it there for hours without cleaning it up or posting a warning sign, and Bill took the same fateful tumble, the store would be negligent.
The point is that a person or entity who causes the death has to be deemed negligent, or at fault, under the law. Someone is at fault when it is his responsibility to act or behave in a certain way, but fails to, which causes injury or death. There's a lot of nuance to negligence law, but that's a boiled down version of the concept.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
So, one basis for a Perrysburg, Ohio wrongful death claim is to prove negligence. The other way is to prove wrongful conduct such as an intentional act that resulted in a death. For example, if Steve punched Tony without provocation, causing Tony to fall down, hit his head, and die, Steve could be sued for causing Tony's death. In that case, Tony's estate would have to prove that Steve's intentional and wrongful conduct caused Tony's death.
Bringing a civil suit for wrongful death would be appropriate in both of the above examples. Winning a lawsuit probably would seem like a hollow victory compared to the loss suffered, but the court system is purposely set up to allow us to work out our differences with other parties in a civil, organized way.
The insurance industry, acting in concert with state and national chamber of commerce organizations, have worked their propaganda machines overtime to paint everyone who files a lawsuit as a money grubber. That's ridiculous and it's shameful. People shouldn't be made to feel guilty for pursuing legitimate claims, especially when a person was killed as the result of negligent conduct. Family members deserve to be compensated for the mental anguish and loss of financial support they experience due to the wrongful death of a loved one. You have nothing to be ashamed of when you look out for the best interests of yourself and your family.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
Lawsuits are time-consuming, expensive, and unpredictable. The benefit of settling a Sylvania, Ohio fatal accident claim with the adjuster is that the client gets compensated sooner and has a certain outcome. We only file suits quickly if the adjuster makes an unfair offer that we know isn't going to get any better or if the two-year statute of limitations discussed above is about to expire.
Sometimes going to trial becomes the only option. When you're looking for an Ohio wrongful death lawyer, make sure you hire someone who is willing to try cases if necessary. It can take a long time to get to trial, but it may offer your best chance of getting fair compensation for your wrongful death claim. If you have to go to trial, be prepared for a long wait. It's not unusual for a trial date to be set anywhere from six months to a year after the complaint is filed, and trial dates often get postponed.
If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.
An Alabama woman suffered wrongful death after she was killed in a Tennessee hotel this past September. The parents of the 21-year-old former homecoming queen filed a $100 million lawsuit against the hotel, Days Inn Corp., for the wrongful death of their daughter, citing that the hotel failed to preform employment background checks after hiring illegal immigrants.
A Days Inn employee used a master key to let himself into the room where the woman was staying during her business trip, then sexually assaulted and killed her. Her body was found a week later in a nearby lake.
Tragic deaths like this one are so sad, but they are also common, and our Ohio wrongful death attorneys see the devastation these types of horrible crimes can cause.
If you need help dealing with the tragic loss of a loved one, contact our office today to order your free copy of The Ohio Wrongful Death Book to learn your rights.
The Ohio fatal accident lawyers in our office see the devastation that Ohio wrongful deaths can cause, and they understand how much grief a death can bring to a family.
They encourage anyone who is grieving from the tragic loss of a loved one to seek help in this time of need, whether it be from other family members, or professionals.
In response to our previous blog on book recommendations for those suffering from the death of a loved one, we are providing a more titles that can help you while you grieve.
The titles include The Bereaved Parent, by Harriet Sarnoff Schiff; Who Dies? by Stephen and Ondrea Levine; On Death and Dying, by Dr. Elizabeth Kubler-Ross; and Awakening from Grief: Finding the Road Back to Joy, by John E. Wishons.
If you or someone you know has lost a loved one due to a fatal accident, The Ohio Wrongful Death Book, written by the attorneys in our office, could also help. Contact our office for your complimentary copy.
Losing a loved one to tragic circumstances is devastating. Dealing with the emotions of loss, confusion, and grief can be hard even when the death is natural.
Our Ohio wrongful death lawyers see the devastation that Ohio fatal accidents can have on a family. Our attorneys encourage the surviving family and friends to talk about their feelings, and avoid bottling up any emotions.
We realize that sometimes it can be hard to talk to someone, especially if there are few surviving family members. Our Toledo, Ohio fatal accident lawyers recommend these books to help survivors cope with a loss, and learn how to talk to others about the pain they are suffering. Titles that can help you deal with the loss of a loved one include: This Thing Called Grief: New Understandings of Loss by Thomas Ellis, When Bad Things Happen to Good People by Harold Kusner, Spousal Bereavement in Late Life by Camille Wortman, and Lessons of Loss: A Guide to Coping by Robert A. Neimeyer.
The attorneys in our office have also written a book called The Ohio Wrongful Death Book that helps surviving family members navigate the complicated world of an Ohio wrongful death claim. If you or someone you know if suffering a loss due to a fatal Ohio accident, contact our office today for your free copy.
Our Ohio wrongful death lawyers filed suit in Wood County Court of Common Pleas this week in a case involving the Ohio accidental death of Ronald Perez, 45.
Mr. Perez died in an Ohio apartment fire in Weston last July, as did his friend and neighbor, Jimmy White, 69. Onlookers believe that it was Mr. Perez who could be seen in the second story window, hair and body on fire, screaming for help, before going back into the burning building to save his friend.
The lawsuit, filed on behalf of Ronald Perez's father, Abel Perez, Sr., claims that the apartment where Ronald lived was not equipped with working smoke detectors. The suit states that apartment owner Daniel Van Vorhis "owed a duty of care" to supply the building with working smoke detectors, and comply with all applicable building, housing, health, and safety codes.
According to a Toledo Blade article from July, many of the neighbors did not awaken until they heard firefighters trying to fight the blaze, which was producing flames 80 feet high.
Our Ohio fire fatality lawyers know how important the role smoke detectors play in saving lives during a fire, and urge everyone, renters and homeowners alike, to regularly test their smoke detectors. Notify your landlord if you feel that you are not properly protected from potential fires - you have a right to be safe where you live.
If you or someone you know has lost a loved one due to tragic circumstances, contact our office to order your free copy of The Ohio Wrongful Death Book.
Our Ohio fatal accident lawyers see the devastation that tragic accidents can cause to a family and a community.
Keri Shryock of Sylvania, Ohio tragically died shortly after a fatal accident during a Christmas pageant on December 18, 2008, according to the Toledo Blade.
Keri was playing the part of a wiseman in the play, and was suspended by a cable over 20 feet in the air when the cable snapped, causing her to fall to the ground. She passed away the next morning.
“Ms. Shryock should have never been up that high without proper safety devices and training,” Attorney Chuck Boyk said. “She should have been protected better in order to prevent this tragic fatal accident.”
If you or someone you know needs help dealing with a wrongful death caused by tragic circumstances, order your free copy of The Ohio Wrongful Death Book. Our fatal accident attorneys can help you navigate the complicated world of an Ohio wrongful death claim.
Contact us today for a free, no obligation consultation about your personal injury legal needs.
Charles Boyk Law Offices, LLC
National City Bank Building
405 Madison Avenue
Suite 1200
Toledo, Ohio 43604
Phone: 419.241.1395
Fax: 419.241.8731
Toll Free: 800.637.8170
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West Toledo
4032 Secor Road
Suite A
Toledo, Ohio 43623
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South Toledo
5241 Southwyck Boulevard,
Suite 108B
Toledo, Ohio 43614
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Swanton
110 W. Airport Highway,
Suite 208
Swanton, Ohio 43558
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Bowling Green
121 E. Wooster Street,
Suite 255
Bowling Green, Ohio 43402
Phone: 419.241.1395
Fax: 419.241.8731
Toll Free: 800.637.8170
*by appointment only, please
Get Directions
Findlay
612 Main Street,
Suite 101
Findlay, Ohio 45840
Get Directions
Charles Boyk Law Offices, LLC
National City Bank Building
405 Madison Avenue
Suite 1200
Toledo, Ohio 43604
Phone: 419.241.1395
Fax: 419.241.8731
Toll Free: 800.637.8170
West Toledo
4032 Secor Road
Suite A
Toledo, Ohio 43623
South Toledo
5241 Southwyck Boulevard,
Suite 108B
Toledo, Ohio 43614
Swanton
110 W. Airport Highway,
Suite 208
Swanton, Ohio 43558
Bowling Green
121 E. Wooster Street,
Suite 255
Bowling Green, Ohio 43402
Phone: 419.241.1395
Fax: 419.241.8731
Toll Free: 800.637.8170
*by appointment only, please
Findlay
612 Main Street,
Suite 101
Findlay, Ohio 45840

Awarded: $500,000 (Policy limits)
Awarded: $100,000 (Policy limits)
Awarded: $250,000 - Policy limits
Awarded: $190,000
Awarded: $120,000