Legal Question in Personal Injury in Ohio

I was involved in a fatal car accident. That resulted in the death of my mother, and I had a sever fracture and ankle injury. I was a passenger and so was my mother. And also my daughter was 8 months in the accident. She had to be hospitalized for 2 weeks. Since I was in the accident I want to know what is the settlement based on this information since I live in the state of ohio. Would medical be covered by insurance. And what is the benefits of wrongful death in probate court.

Asked on 4/10/12, 9:06 pm

3 Answers from Attorneys

Ryan Fisher Lowe Eklund Wakefield Co. LPA

There are dozens of issues you will have to deal with from probate court approval, which is absolutely required to different insurance policies to repaying your health insurance company if they paid any medical bills. This will be very complicated and if things aren't done properly you will cause yourself more problems and you will lose out on many other benefits you may be entitled to. PLEASE call an attorney who specializes in wrongful death cases. My firm and I would be happy to discuss your case with you at no charge. Please feel free to call me at 216-781-2600. In the meantime do not sign anything, especially anything from any insurance companies.

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Answered on 4/11/12, 5:11 am

Thomas Ryan Ryan LLP

I am sorry to hear of your loss. You are most likely still grieving the loss of your mother and recovering from your injuries. However, it is important to secure representation regarding this accident as soon as possible. An attorney will deal with the insurance company and medical bills so you can focus on your recovery and closure.

In regards to your particular case, there are a few separate claims you can make for this accident. You and your daughter have direct claims against the at-fault driver of the accident. Assuming the driver had insurance, and assuming there is a specific type of benefit known as "med-pay" available, your medical bills can be paid under the med-pay provision of the policy. If there is no med-pay available, you will need to make a claim against the policy and your medical bills will be paid out of any judgment or settlement you and your daughter receive.

As far as the wrongful death and survival claims, these actions need to be brought by your mother's estate by the administrator of the estate. Generally speaking, this means you need to first open a probate estate in the county your mother resided, and then file a second lawsuit to recover for her death, survival claim, and loss of consortium. Any money received through the wrongful death action must be distributed according to your mother's will, or if there is no will, evenly among all decedents or heirs.

In summary, you and your daughter may be able to receive compensation directly against the at-fault driver. You also may be entitled to a distribution from your mother's estate if the estate has assets or receives a judgment for the wrongful death and survival lawsuit.

If you have any further questions, or need further information, please contact me via email or telephone via the links provided below.

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Answered on 4/11/12, 6:23 am

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