$262,686.70 SETTLEMENT – Wrongful Death Due to a Fatal Boat Accident on Lake Erie
Our client was a passenger on a 28-foot boat, enjoying a fishing trip with friends on Lake Erie. Tragically, at around 10:00pm, the boat crashed into a break wall in Ashtabula. It was speculated that alcohol was a contributing factor in the accident. The Coast Guard arrived on the scene, finding five passengers. One passenger was unresponsive, treated by the Coast Guard officers, but sadly passed away due to his injuries.
Our firm was contacted by the passenger’s wife and stepson to represent the estate. Charles Boyk and his team filed a wrongful death action against the driver of the boat on behalf of the estate. Soon after, the boat driver’s insurance company asserted an interpleader action, requesting that the Federal Court accept their liability insurance limits of $300,000.00. Since several passengers were injured, in addition to the passenger who lost his life, the insurance company believed their limits were insufficient to fully compensate all parties. The insurance company requested that the Court distribute the $300,000.00 among the parties as it saw fit.
After the Court defaulted one party for their failure to assert a claim within the timeframe prescribed by law, Attorney Charles Boyk began negotiating with the remaining injured party to work out a fair allocation of the policy funds. After several discussions, our office resolved the matter and obtained a court order that allocated the majority of the $300,000 policy limits to our client, the decedent’s estate. The remaining portion was awarded to the remaining injured party. In the end, the decedent’s estate received a settlement of $262,686.70.
