Charles E. Boyk Law Offices, LLC
In a wrongful death case, lawyers are asking for damages due to the wrongful death of the individual on behalf of the family or loved ones they may be representing. In Toledo survival actions cases, well-versed wrongful death attorneys are asking for damages that result in effect to the relationship between the deceased individual and the beneficiaries.
That representative would be called the administrator if it is a male or the administratix if it is female. It is the individual who would file with the probate court and would be appointed by the probate court. That can be done through a hearing or by agreement of the parties.
If somebody dies without a will, normally what would happen is that they would all get along through the attorney and they would all agree to appoint one of their siblings as the administrator or administratrix of the estate.
Typically, it would be somebody appointed by the court, but there would be a lot of different individuals that could potentially file to be the person who would be in charge of the estate.
When a wrongful death case is filed in the Common Pleas Court, there are often causes of action requesting compensation for the wrongful death in a separate cause of action. This request asks for survivorship damages for the specific beneficiaries made by the estate.
Toledo survival actions cases could include a large number of depositions of lay witnesses and expert witness. Eventually, a professional mediator has the opportunity to try negotiating a possible settlement.
If that was successful, they would then go to the probate court and get the probate court’s approval for the wrongful death settlement. If they were not successful, it typically would go to trial and there would be a jury verdict. If it is a favorable jury verdict, then they would go to the probate court.
Toledo survival actions cases often result in non-economic damages. Non-economic damages are often recovered for the loss of the personal relationship between the deceased individual and the beneficiary. That would be the type of damages that a person would be claiming in a survival action.
To prove the relationship in the loss of the relationship and the impact, a person could have lay witnesses that would testify and tell their story and their memories of the relationship. They could have videotapes, photos, articles, and pictures that would be evidence that would help them tell the story in that type of a situation.
An attorney’s job is to be the investigator, look at all of the legal options, and look at all of the evidence to find out the best theory or theme for presenting damages. In effect, they are the producer of the story that would best resonate with the jury to award the most damages possible.