Wrongful Death & Survival Actions in Ohio
Probate Lawyer in Dayton
Often times, a personal injury case is intricately connected to a probate matter, especially when a person is either killed or injured by the fault of another. Death may have been caused by motor vehicle accidents, medical malpractice, or other reckless and gross negligence by another. The proceeding to sue a tortfeasor on behalf of an estate must be brought in a wrongful death or survival action by the estate’s fiduciary.
If you or a loved one suffered a personal injury, consult our Dayton probate attorney immediately, because you must act quickly to preserve your health and rights. Moreover, there may be an immediate need for a review of your financial and health positions in order to recover from the injury.
The law firm of David Brannon, Attorney at Law can be reached by calling (937) 228-2306.
Ohio Revised Code 2125.03
Unfortunately, because of the stress and emotions involved in losing a loved one due to the fault of another, family members may disagree about the allocation of any monies recovered in wrongful death or survival cases.
Ohio Revised Code 2125.03 governs the distribution of wrongful death proceeds. The statute provides that a court takes into account a number of factors, including the health and age of the beneficiaries and any personal loses sustained, when adjusting the equitable distribution of the proceeds from a wrongful death suit. Beneficiaries may also make decisions among themselves when all things are relatively equal; however, if they cannot agree, the court will rule in favor of equitability.
Deciding on an Equitable Distribution
In deciding what would be an equitable distribution of the settlement, a court is to consider the injury and loss to each beneficiary as a result of the death of the decedent. The principal standards to be considered are the pecuniary injury suffered by the beneficiaries and their ages and conditions.
A court should also review the five following factors in determining how proceeds recovered in a wrongful death action may be distributed:
- The loss of financial support or services from the decedent
- The loss of emotional support or assistance suffered from any surviving family member or child
- The loss of any inheritance to any heirs
- Mental anguish endured by the surviving family or spouse
Our Dayton probate lawyer has the experience in maximizing personal injury awards, as well as handling the allocation of those awards for our clients’ benefit. Call (937) 228-2306 to schedule your free consultation.