Findlay Personal Injury Lawyer - fatal accident

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

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