Wrongful Death Attorney in Dayton, Ohio How do wrongful death cases work?
How do wrongful death cases work?
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We handle personal injury cases. Okay?
And personal injury cases obviously result in somebody being hurt due to somebody else’s or some company’s negligence.
If the unfortunate situation results in somebody’s death, then you can have a wrongful death case. Okay? Now the
wrongful death case is not for the person who passed away. Unfortunately the wrongful death case is brought on
behalf of the people who who are left behind. What we call the statutory beneficiaries. That is first the spouse,
the children, parents, siblings. Okay.
So those are the statutory beneficiaries and the wrongful death claim is to compensate the beneficiaries for their
losses. Okay. The first thing you have to do if somebody has passed away due to the negligence of of another is is you
have to set up an estate. The estate is the vehicle that brings the wrongful death claim on behalf of the
beneficiary. So, you set up an estate and there’ll be an administrator of the estate and if the person had a will, it could be done that way. But regardless,
there’s an estate set up. The estate works on behalf of the wrongful death beneficiaries to make sure that
everything is accounted for. Now, if somebody passes away and they have a spouse and they have children and
they’re dependent on them, then you need to take into account the earning capacity. how much longer is the person’s, you know, uh uh uh working
career and and you need somebody who knows that you you need to calculate that out for the rest of this person’s life and what he truly meant. He or she
truly meant to the ones that that are left behind, the the spouse, the children, the parents, the the the the siblings, and we do that. We handle lots of wrongful death cases, unfortunately.
But we we are very sympathetic to our to to our our clients and and the families and we make sure that everything is
accounted for so that they are fully compensated as best we can to deal with the horrible loss.
Dayton Ohio, personal injury attorney Kevin Attkisson talks about how wrongful death cases work. He explains that his firm handles personal injury cases involving individuals who have been harmed because of another person’s or company’s negligence. When negligence results in someone’s death, eligible surviving family members may have grounds to pursue a wrongful death claim. He clarifies that such a claim is brought on behalf of eligible surviving beneficiaries rather than the person who passed away. Depending on the applicable law, beneficiaries may include a spouse, children, parents, or siblings.
He describes the purpose of a wrongful death claim as seeking compensation for the losses suffered by eligible beneficiaries. An important early step may involve opening an estate and appointing an estate administrator or personal representative to handle the necessary legal responsibilities. If the deceased left a will, the estate may be administered according to the applicable probate process. He stresses that the estate administration and wrongful death claim must be handled carefully to account for the interests of the beneficiaries and the losses being claimed.
He also discusses the importance of assessing the financial impact on surviving family members when the deceased provided support to a spouse, children, or other dependents. This assessment may include the deceased person’s earning capacity, expected remaining working years, and the financial contributions they would likely have made to their family. He highlights the value of working with knowledgeable professionals to calculate these losses and establish the extent of the family’s financial damages.
Having handled numerous wrongful death cases, he recognizes the profound grief and hardship surviving families experience. He describes his firm’s approach as compassionate and thorough, with a focus on accounting for the losses suffered by eligible beneficiaries. His goal is to pursue the fullest compensation available under the law to help families address the financial consequences of their loss.
