Findlay Personal Injury Lawyer - Wrongful Death

Woman tragically killed at hotel, parents sue for $100 million | Ohio wrongful death lawyers

Chuck Boyk — Tue, 03 Feb 2009 11:41:00 GMT

An Alabama woman suffered wrongful death after she was killed in a Tennessee hotel this past September.

The parents of the 21-year-old former homecoming queen filed a $100 million lawsuit against the hotel, Days Inn Corp., for the wrongful death of their daughter, citing that the hotel failed to preform employment background checks after hiring illegal immigrants.

A Days Inn employee used a master key to let himself into the room where the woman was staying during her business trip, then sexually assaulted and killed her. Her body was found a week later in a nearby lake.

Tragic deaths like this one are so sad, but they are also common, and our Ohio wrongful death attorneys see the devastation these types of horrible crimes can cause.

If you need help dealing with the tragic loss of a loved one, contact our office today to order your free copy of The Ohio Wrongful Death Book to learn your rights.

Originally posted at InjuryBoard by Chuck Boyk

Estate execution and wills discussed by Toledo, Ohio wrongful death attorney Dale Emch

Chuck Boyk — Fri, 30 Jan 2009 13:33:00 GMT

Who do you turn to after a loved one passes away? Even if there is a Last Will and Testament in place, navigating the complicated world of an estate can be confusing.

Toledo, Ohio car accident lawyer Dale Emch discusses will execution in his most recent Legal Briefs column in the Toledo Blade. If you have a general legal question you would like to see considered for publication in Legal Briefs, including those involving Ohio car accidents, Ohio workers' compensation claim s, Ohio dog bites, or Ohio ATV and motorcycle accidents, contact Attorney Emch at demch@charlesboyk-law.com or by contacting our office.

Dear Dale: I have some questions about being an executor of a will. When an attorney is appointed to be the executor of a family member’s will, how is the attorney paid for his services? How is the attorney held accountable for his honesty and integrity in handling the execution of the will? And, does the attorney have an obligation to make a financial accounting to the beneficiaries of his fees?

ANSWER: Ohio and local rules specify how executors and attorneys can be compensated. Executors and attorneys serve different functions in how estates are handled through the Probate Court.

Let’s start with the role of the executor. The executor administers the estate of a decendent who had a will.

This person can be a family member, a trusted third party, a lawyer, a bank, or a trust company. This can be a big job that includes responsibilities such as receiving payments owed to the estate, paying debts owed by the estate, determining the estate’s beneficiaries, and following the Probate Court’s orders concerning the estate.

An executor has a duty to act in the best interest of the estate and to carry out all state-law- mandated responsibilities. Acting in the capacity of an executor can be a time-consuming job for which state law allows compensation.

Under state law, an executor of an estate involving a will can receive a commission of 4 percent of the first $100,000 of the estate; 3 percent above $100,000 and below $400,000, and 2 percent above $400,000. So, for example, if you were the executor of an estate valued at $200,000, you could receive $4,000 for the first $100,000 and $3,000 for the next $100,000 for a total of $7,000. An executor also can receive commissions for other activities, but my space is too limited to include a laundry list here.

Whether or not the attorney acts as the executor doesn’t matter in terms of the legal obligations imposed.

The executor must carry out the obligations mandated by law, must act in good-faith, and must account to the Probate Court for expenditures made on behalf of the estate and for the fees received for those services.

If an executor does not meet the obligations imposed by law, the Probate Court can remove the executor.

You also asked about whether an executor has to make an accounting to the beneficiaries. At a time specified by state law, the executor has to make an accounting to the Probate Court and the beneficiaries.

But that doesn’t mean that a beneficiary has the right to demand an accounting of the executor whenever he or she wants that information.

Because you intertwined the roles of attorneys and executors in your question, I want to address compensation for attorneys. It’s not hard to imagine that the duties of an executor can become pretty overwhelming, especially if an estate contains a lot of assets or debts. Executors often hire an attorney to help sort out the estate and to handle the legal work with the Probate Court.

Attorneys can set their own hourly fees for estate work. They also can elect to be compensated in an amount set by the Probate Court. In Lucas County, the schedule for attorney fees on probate assets is 4.5 percent of the first $100,000; 3.5 percent of the next $300,000, and 2.5 percent of the remaining balance.

Originally posted at InjuryBoard by Chuck Boyk

Ohio fatal teen car accident lawyers | US cities with most fatal teen car accidents

Chuck Boyk — Wed, 28 Jan 2009 13:32:05 GMT

Our Toledo, Ohio fatal car accident lawyers see the devastation that deadly car accidents can have. While fatal car accidents can happen to anyone, car accidents are the leading cause of death among teenagers, according to the US Centers for Disease Control.

Many factors can contribute to teen car accidents, including cell phone use and text messaging behind the wheel, drinking and driving, or other distractions in the car like friends or music. Mix those distractions with ADD, or Attention Deficit Disorder, which the CDC reports over 2 million teens nationwide suffer from, and it turns into a recipe for disaster.

According to a recent study by Allstate Insurance Company, Tampa, Florida is considered the top city for fatal teen car accidents between Thanksgiving and New Years Day out of the 50 largest metro areas in the country. Here are the other top nine cities in the US where fatal teen car accidents are the most prevalent:

Jacksonville, FL

Orlando-Kissimmee, FL

Kansas City, MO

Birmingham-Hoover, AL

Phoenix-Mesa-Scottsdale, AZ

Las Vegas-Paradise, NV

Oklahoma City, OK

Louisville, KY

Richmond, VA

If you or someone you know has been injured in an Ohio car accident, contact our office for your free copy of The Ohio Accident Book.

Originally posted at InjuryBoard by Chuck Boyk

Ohio estate planning lawyers | Ohio lawyers recommend books that can help those dealing with grief

Chuck Boyk — Fri, 23 Jan 2009 16:24:00 GMT

In response to our previous blog on book recommendations for those suffering from the death of a loved one, we are providing a more titles that can help you while you grieve.

The titles include The Bereaved Parent, by Harriet Sarnoff Schiff; Who Dies? by Stephen and Ondrea Levine; On Death and Dying, by Dr. Elizabeth Kubler-Ross; and Awakening from Grief: Finding the Road Back to Joy, by John E. Wlshons.

The Ohio fatal accident lawyers in our office see the devastation that Ohio wrongful deaths can cause, and they understand how much grief a death can bring to a family.

They encourage anyone who is grieving from the tragic loss of a loved one to seek help in this time of need, whether it be from other family members, or professionals.

If you or someone you know has lost a loved one due to a fatal accident, The Ohio Wrongful Death Book, written by the attorneys in our office, could also help. Contact our office for your complimentary copy.

Originally posted at InjuryBoard by Chuck Boyk

Fatal apartment fire takes life of Ohio man | Ohio wrongful death lawyers file suit

Chuck Boyk — Thu, 15 Jan 2009 16:26:00 GMT

Our Ohio fire fatality lawyers know how important the role smoke detectors play in saving lives during a fire, and urge everyone, renters and homeowners alike, to regularly test their smoke detectors.

Our Ohio wrongful death lawyers filed suit in Wood County Court of Common Pleas this week in a case involving the Ohio accidental death of Ronald Perez, 45.

Mr. Perez died in an Ohio apartment fire in Weston last July, as did his friend and neighbor, Jimmy White, 69. Onlookers believe that it was Mr. Perez who could be seen in the second story window, hair and body on fire, screaming for help, before going back into the burning building to save his friend.

The lawsuit, filed on behalf of Ronald Perez's father, Abel Perez, Sr., claims that the apartment where Ronald lived was not equipped with working smoke detectors. The suit states that apartment owner Daniel Van Vorhis "owed a duty of care" to supply the building with working smoke detectors, and comply with all applicable building, housing, health, and safety codes.

According to a Toledo Blade article from July, many of the neighbors did not awaken until they heard firefighters trying to fight the blaze, which was producing flames 80 feet high.

Notify your landlord if you feel that you are not properly protected from potential fires - you have a right to be safe where you live.

If you or someone you know has lost a loved one due to tragic circumstances, contact our office to order your free copy of The Ohio Wrongful Death Book.

Originally posted at InjuryBoard by Chuck Boyk

Ohio fatal accident lawyers recommend books that help with loss

Chuck Boyk — Tue, 13 Jan 2009 15:10:00 GMT

Losing a loved one to tragic circumstances is devastating. Dealing with the emotions of loss, confusion, and grief can be hard even when the death is natural.

Our Ohio wrongful death lawyers see the devastation that Ohio fatal accidents can have on a family. Our attorneys encourage the surviving family and friends to talk about their feelings, and avoid bottling up any emotions.

We realize that sometimes it can be hard to talk to someone, especially if there are few surviving family members. Our Toledo, Ohio fatal accident lawyers recommend these books to help survivors cope with a loss, and learn how to talk to others about the pain they are suffering. Titles that can help you deal with the loss of a loved one include: This Thing Called Grief: New Understandings of Loss by Thomas Ellis, When Bad Things Happen to Good People by Harold Kusner, Spousal Bereavement in Late Life by Camille Wortman, and Lessons of Loss: A Guide to Coping by Robert A. Neimeyer.

The attorneys in our office have also written a book called The Ohio Wrongful Death Book that helps surviving family members navigate the complicated world of an Ohio wrongful death claim. If you or someone you know if suffering a loss due to a fatal Ohio accident, contact our office today for your free copy.

Originally posted at InjuryBoard by Chuck Boyk

Ohio fatal accident lawyers | Sylvania, Ohio native passes away after tragic accident

Chuck Boyk — Mon, 05 Jan 2009 16:36:00 GMT

Keri Shryock of Sylvania, Ohio tragically died shortly after a fatal accident during a Christmas pageant on December 18, 2008, according to the Toledo Blade.

Keri was playing the part of a wiseman in the play, and was suspended by a cable over 20 feet in the air when the cable snapped, causing her to fall to the ground. She passed away the next morning.

Our Ohio fatal accident lawyers see the devastation that tragic accidents can cause to a family and a community.

“Ms. Shryock should have never been up that high without proper safety devices and training,” Attorney Chuck Boyk said. “She should have been protected better in order to prevent this tragic fatal accident.”

If you or someone you know needs help dealing with a wrongful death caused by tragic circumstances, order your free copy of The Ohio Wrongful Death Book. Our fatal accident attorneys can help you navigate the complicated world of an Ohio wrongful death claim.

Originally posted at InjuryBoard by Chuck Boyk

Report on ATV accidents reflects importance of ATV safety

Chuck Boyk — Mon, 17 Nov 2008 17:58:00 GMT

Statistics on ATV accidents as well as the ATV accidents our office handles are devastating, especially when the ATV accident has jeopardized a child’s health and safety. Our attorneys depend on research performed by our office, along with research performed by government agencies, to provide accurate information to the general public.

That is why we are including the following report by Robin Ingles, which was published in December 2007 in the Washington Post. The report focuses on ATV accidents and the number of wrongful deaths and injuries resulting from them.

Read the following excerpt from Ms. Ingles’ Washington Post article, “Which Toys Are Okay? Don't Ask the Safety Police.”

One of my first projects as a statistician in the Directorate for Epidemiology at CPSC was to generate statistics on injuries and deaths associated with all-terrain vehicles. I read hundreds of police reports and autopsies of children and adults who had died when their ATVs rolled onto them or when they crashed into trees because the vehicles were too big and powerful to control.

Each spring for five years, I sat at my desk behind stacks of fatality reports that rose higher than my head. One year I hung a wall map by my desk and put dots at the location of each death: red for children, yellow for adults. By my third year on the project, West Virginia was obliterated by the tiny dots. Eventually I realized that there were too many deaths to track on a map, and it was too depressing.

In the 1990s, the industry had been bound by strict regulatory agreements with CPSC, but they had expired in 1998. Since then, the deaths and injuries have skyrocketed: In 1999, an estimated 536 people died on ATVs. By 2004 that number had climbed to 767. If current trends continue, the number of ATV deaths will soon exceed 900. In 2005, U.S. emergency rooms treated an estimated 136,700 ATV-related injuries. Last year they treated even more. A quarter to a third of the dead and injured were children.

Industry representatives suggest that the increase in injuries and deaths is the result of higher sales, but CPSC's own statistical research -- what little of it the agency has released -- shows that other factors are at work.

Click here for the full article.

If you or someone you love has been injured in an ATV accident, order your FREE copy of The Ohio Accident Book to learn your rights.

Originally posted at InjuryBoard by Chuck Boyk

Oregon mom helps us learn about ATV accidents

Chuck Boyk — Fri, 14 Nov 2008 18:13:22 GMT

Sue Rabe knows firsthand the devastation that ATV accidents can have on a family. Our attorneys had help continuing their blog series on ATV safety from this mother, also the co-founder of Concerned Families for ATV Safety.

The Rabe family lost their son, Kyle, to an ATV accident when he was only 10 years old. He had been riding for over a year and a half without any accidents. His parents write on the website that he was a very cautious, skilled rider wearing boots, gloves, several layers of clothing and a full face, approved helmet.

But all of those factors did not prevent an ATV accident.

“It’s devastating,” said Sue Rabe of Turner, Oregon. “Kyle was three months shy of his 11^th birthday. Until you have children, you won’t understand that they become your number one. They are everything to you.”

Sue Rabe fought hard to get Oregon Senate Bill 49, “Kyle’s Law,” passed, which would prohibit anyone under 12-years-old from operating an ATV. It would also put stronger restrictions on ATV riders between 12 and 15 years of age, and make helmet use mandatory.

While the bill did not pass, Sue believes that all of the lobbying and attention that Kyle’s Law received helped save lives.

“Last year not one child in the state of Oregon died in an ATV accident,” Sue said. “The year before, eight kids died. Apparently someone is listening.”

Stay tuned for our on-going series on ATV accidents as we report the information that Concerned Families for ATV Safety and Sue Rabe has provided us with.

Originally posted at InjuryBoard by Chuck Boyk

ATV accidents can cause serious personal injury, wrongful death

Chuck Boyk — Tue, 11 Nov 2008 15:45:00 GMT

The Yamaha Rhino’s high center of gravity and narrow wheelbase makes it tip easily, which can lead to ATV rollover accidents. The rollbar and seatbelts do nothing to protect the lower legs, which can be ejected during a tip or roll.

Injuries from an ATV accident can include broken arms or legs, including hands and feet. Often during a rollover ATV accident, the driver’s leg becomes pinned under the 1,100-pound ATV, crushing the limb. There have been cases where the injury to the leg leads to amputation.

Children involved in an ATV accident are more likely to suffer wrongful death. Their small bodies cannot control the weight of the ATV, making it easier for them to run into another object, roll the ATV over, or fall off the vehicle.

Severe head wounds are one of many injuries that can happen to kids during ATV accidents. Brain injuries, fractures, and spinal cord injuries can often occur, which could lead to wrongful death.

If you or someone you love has been injured in an ATV accident, order your FREE copy of The Ohio Accident Book to learn your rights. Contact our office today for your free consultation and case evaluation.

Originally posted at InjuryBoard by Chuck Boyk