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Eventually, the Boyk Law Firm and the Shively family agreed to file a lawsuit and asked for the wrongful death damages and survivorship damages for Duane and the other heirs in the estate, which included several children and grandchildren.
The survivorship claim was based on the fact that Diana left behind many children and relatives, and that she did not die instantly. The traumatic nature of the car accident and Diane’s death made a compelling case for pain and suffering and mental anguish damages. Moreover, her large extended family meant that her death had an emotional and financial impact on a significant number of people.
The Boyk Law Firm and the Shively family felt that moving forward with litigation would allow vital evidence to come to light. In particular, the other driver’s long history of reckless driving was a crucial aspect of the case that may not have been a factor in a negotiated settlement agreement.
The Boyk Law Firm initially filed the probate paperwork to get Duane appointed as the executor of the estate. With Duane as executor, he had significant leeway to pursue compensation on Diane’s behalf. Duane became the executor of the state following a ruling by the Wood County Probate Court.
As far as pursuing the wrongful death case, the Boyk Law Firm then filed a complaint in civil court. Under Ohio law, a complaint is an actual lawsuit asking for economic damages, pain and suffering damages, and loss of survivorship damages. The plaintiff’s team also asked for a jury demand and filed a request for production of documents and interrogatories, which are questions under oath that the insurance company, the owner, and the driver of the vehicle must answer.
After Duane was appointed the executor of the estate, the Boyk Law Firm contacted the insurance company of the owner and the driver of the vehicle to let them know the firm was making a claim on behalf of Duane and the estate. The attorneys also contacted Duane’s underinsured motorist carrier to indicate the firm was making a claim under that policy and to request a certified copy of the policy. That was done within a couple of days after Duane was appointed as executor of the estate by the Wood County Probate Court.
The Boyk firm asked for certified copies of the insurance policy from the owner of the vehicle and the driver and for the underinsured motorist coverage. To identify the value of potential coverage, one must look at the declarations page of the insurance policy to determine that there are no other insurance policies from the owner and the driver of the vehicle. Eventually, the insurance policy limit—which is the maximum amount of money the insurance company is responsible for—was offered by the insurance company. The letter and copies of the certified documents were provided to the underinsured motorist coverage to determine how much money the uninsured motorist coverage was required to pay.
Charles E. Boyk Law Offices, LLC