Legal Question in Personal Injury in Ohio
Wrongful Death suit
My father was killed while crossing a roadway. There were no charges filed against either driver that hit him, however there was a small amount of insurance awarded in a wrongful death suit. The attorney repeatedly postponed the court proceedings when finally told that there would be no more delays, he settled the case without notification to any of my father's family. He then sent us a statement saying that all of the monies were owed to him and he left absolutely nothing to the estate, is this ethical?
3 Answers from Attorneys
Re: Wrongful Death suit
this sounds totally inappropriate....you need to find a lawyer before the one year statute of limitations runs....feel free to contact me directly for any more information....216.952.1990
Re: Wrongful Death suit
What you have described represents multiple ethical violations. You should contact your local or the state bar association, and file a grievance. They will investigate. If there is substance to your claims, they will take action to discipline the attorney. Also, you should pull the probate court records, and examine the account filed by the attorney.
Re: Wrongful Death suit
Generally, wrongful death cases are done on a contigency fee basis. This means that the attorney would get 1/3 (usually, although the percentage can vary) of the total recovery and be reimbursed for any out of pocket expenses. In a wrongful death settlement, the settlement must be approved by the Probate Court that appointed the Administrator of the Estate. When the funds are disbursed the attorney has to file a document with the Probate Court to verify that the money was distributed to the beneficiaries. I would contact an attorney immediately to investigate what happened.
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