Charles E. Boyk Law Offices, LLC
If a loved one died due to the negligence of another party, you may be entitled to compensation for your loss, pain, and suffering. An attorney could help guide you through the unique aspects of Bowling Green wrongful death cases as well as advocate on your behalf. Having someone on your side through this difficult process is just one of the benefits of an attorney. When you are ready, contact a compassionate wrongful death lawyer.
Under Ohio law, wrongful death is when an individual dies as a result of negligence or the malicious action of another party. As with any death, the decedent’s assets are called an estate, and the estate must be handled and disbursed by an executor or administrator. That appointed administrator has controlling power over the deceased’s assets and should represent their best interest, including filing a wrongful death lawsuit.
One of the unique aspects of Bowling Green wrongful death cases is that the suit must be filed by the appointed representative of the state instead of the injured person themselves. Just as in a personal injury suit, plaintiffs can pursue compensation for pain and suffering, lost wages, and potential medical bills. In a wrongful death suit, damages such as loss of companionship, consortium, or services may also be pursued. The statute of limitations in a Bowling Green wrongful death action is two years from the date that the individual died. One of the benefits of obtaining an experienced attorney is that they could help one file a strong claim within the statute of limitations.
In the state of Ohio, and therefore Bowling Green, only an appointed representative of a decedent’s estate may file and pursue a wrongful death case. This means that the estate and its administrator must be approved by the probate court. The representative must be issued letters of authority granting them the right to pursue compensation for surviving family and loved ones. Without the letters of authority by the probate court, there is no legal right to file the lawsuit.
If an administrator is not appointed by a will, then the probate court will appoint one. In order to be appointed as the administrator of an estate, either all relatives would agree on the appointee or they would all get a notice about a hearing in probate court to determine the proper party to administer the estate. Surviving family may challenge the who the appointee is, but the general order of priority for appointment goes first to the decedent’s spouse (if they had one), parents, siblings, and then potentially children.
Bowling Green wrongful death cases are generally settled pre-suit in negotiations between the attorney of the estate and the responsible party’s insurance company. It may be easier and cheaper all around to settle before going to trial by saving on attorney fees and avoiding the risk of an unfavorable decision from a jury. When a case is settled, it means that the plaintiff receives some damages, but they forfeit their right to sue the defending party over the same incident again.
If your loved one passed away because of somebody else’s negligent acts, you may want to file a wrongful death lawsuit to get the compensation you deserve and find justice for your loved one. There are many unique aspects of Bowling Green wrongful death cases, and a lawyer may be able to help you navigate through the case process. Call a local attorney to schedule a consultation for your case.