Ohio wrongful death lawyer, Chester Law Group 800-218-4243 Who Actually Sues in an Ohio Wrongful Death Claim
Presented by David Chester Ohio wrongful death attorney and found of Chester Law Group Co., LPA, https://www.youtube.com/watch?v=uQ0SRdtOptk.
As I have discussed in other videos, a wrongful death claim is an injury claim usually brought by a family member, called an executor if there is a will or personal representative if no will, on behalf of the family, called beneficiaries, for the emotional pain and suffering the beneficiary family members have suffered because of the death of their loved one caused by a third party’s careless behavior..
Since the deceased family member cannot file a lawsuit, Ohio law contains a process whereby all family members can in a sense sue for damages, without having to list each family member as a plaintiff on the lawsuit.
As we have said, the law requires an executor or administrator, called a personal representative, as discussed above, who will represent family members, called beneficiaries, in their personal injury claims.
If the deceased has a will, then the executor can file the lawsuit. If there is no will, a personal representative must be appointed.
Watch the video on the Chester Law website here: http://www.chesterlaw.com/video/ohio-wrongful-death-attorney-who-sues-for-ohio-wrongful-death-claim.cfm
The personal representative acts much like a traditional personal injury client, even though they are making decisions for the benefit of all the beneficiaries of the wrongful death claim.
The personal representative decides whether to file a lawsuit, who to sue, and whether or not to settle, with probate court approval.
They respond to litigation discovery, participate in settlement negotiations attend pre-trials and other hearings, and act just like a regular personal injury client.
The actual lawsuit is brought in the name of the personal representative of the estate, for the exclusive benefit of the surviving spouse, children and parents. RC 2125.02(A)(1)
This is why it is so important to have a personal representative who is willing to pursue the wrongful death claim vigorously and hire an experienced personal injury firm who has successfully handled wrongful death cases before.
If there is no will, whoever opens the estate and whoever is named the personal representative in effect controls the wrongful death claim and which lawyer will handle it, of course subject to court oversight.
If you have lost a loved one to some else's actions I urge you to order my free book entitled Losing Someone You Love.
An Ohio Family's Guide To Wrongful Death
Contact Chester Law Group at 800-218-4243 Ohio Wrongful Death Attorneys.
Chester Law Group Co., LPA 430 White Pond Drive Akron, OH 44320 330-253-5678 800-218-4243
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