Toledo Personal Injury Lawyer - Wrongful Death

Man fatally shot at Wal-Mart, family awarded $36 million | Toledo, Ohio fatal shooting lawyers

Chuck Boyk — Tue, 24 Feb 2009 10:33:00 GMT

Two Arizona men were fatally shot in at a Wal-Mart store in 2005 by a mental patient who was supposed to be under the State's care.

The mental patient was off of his medication at the time of the shooting, since his appointment was canceled by his care provider at ValueOptions and his medication ran out. ValueOptions held the contract for providing care to the state's mental health patients. The paranoid schizophrenic drove to a local Wal-Mart and fatally shot the men, then drove away. A witness gathered his license plate number and called police.

Since the mental patient was a patient of the State of Arizona's mental-health system for over 20 years, a jury found the State of Arizona and ValueOptions liable in one of the man's deaths. The jury awarded $36 million to the family of one of the deceased. A separate lawsuit is pending in the other wrongful death.

Our Toledo, Ohio fatal shooting lawyers handle devastating wrongful death cases like this one all of the time. If you or someone you know needs help dealing with a tragic situation like this one, contact our office to speak with an Ohio tragic accident lawyer immediately. We have also written The Ohio Wrongful Death Book, which can be ordered for FREE by contacting our office.

Originally posted at InjuryBoard by Chuck Boyk

Tragic death of Alabama woman triggers parents to sue hotel | Ohio tragic death lawyers

Chuck Boyk — Tue, 03 Feb 2009 12:03:00 GMT

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

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.

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

Ohio car accident lawyer discusses will execution | Ohio wrongful death attorneys

Chuck Boyk — Thu, 22 Jan 2009 11:24:00 GMT

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 claims, 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 accident lawyers | Book recommendations for grieving families Part II

Chuck Boyk — Tue, 20 Jan 2009 11:21:00 GMT

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.

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.

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

Book recommendations for those dealing with tragic loss of loved one | Ohio fatal accident lawyers

Chuck Boyk — Sat, 17 Jan 2009 15:19:03 GMT

Dealing with an unexpected death or 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 fire fatality lawyers | Suit filed on behalf of man killed in apartment fire

Chuck Boyk — Tue, 13 Jan 2009 15:27:00 GMT

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.

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. 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

Sylvania, Ohio native loses life in fatal accident during Christmas play

Chuck Boyk — Wed, 31 Dec 2008 23:02:00 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

Personal injury, lack of trust result of wrong-site surgery medical malpractice

Anneke Kurt — Tue, 04 Dec 2007 17:25:31 GMT

The number of people suffering personal injury due to wrong-site surgery medical malpractice is anywhere from 1,300 to 2,700 per year in the United States, according to the Washington Post. Wrong-site surgery is a form of medical malpractice that occurs when a doctor mistakenly performs surgery on the wrong part of the body, or even on the wrong person. The result is unnecessary recovery time to heal from the incorrect surgery and a distrust for the surgeon, and it still leaves the patient with personal injury and the need for the original operation.

Our Toledo, Ohio personal injury attorneys have seen firsthand the affects of wrong-site surgery medical malpractice. Toledo, Ohio personal injury attorney Chuck Boyk represents a client whose surgeon performed a wrong-site operation, causing personal injury from the medical malpractice. There is currently a subsequent treating physician willing to testify that the surgeon made a grave but purely preventable mistake.

To avoid suffering personal injury from medical malpractice, make sure every aspect of the operation is agreed upon between you and your surgeon. Asking a lot of questions and talking openly to all surgeons, doctors and nurses can help them to give you the best service and the swiftest recovery.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Anneke Kurt

Increase in vehicular "back-overs" cause child fatalities

Chuck Boyk — Sat, 18 Aug 2007 15:27:13 GMT

The most tragic cases we handle at our Toledo, Ohio personal injury office are those that involve the death of a child. That's why we join Kids and Cars, a non-profit consumer advocacy group, in its call for heightened safety measures that would help protect children from getting hit by vehicles backing out of driveways.

A recent national study by Kids and Cars showed that the number of child fatalities caused by vehicular "back-ups" has more than tripled in the last 10 years. According to the parent-run organization, as reported by the Wall Street Journal, 474 children have died since 2002 after being backed over by a vehicle, with an average of more than one child losing their life per week. In almost every occurrence, the parent was the person behind the wheel.

Since many of these types of accidents occur on private property, the National Highway Traffic Safety Administration does not have many statistics on non-traffic accidents involving children. Kids and Cars, along with other consumer-advocacy groups, are trying to bring this issue to the federal government in order to provide for more research on the subject. Kids and Cars states that the "data vastly underestimate the true magnitude of this public health and safety issue."

According to Kids and Cars, sport utility vehicles have been under scrutiny as the cause of many of these tragic accidents. Many SUVs have high bumpers and rear windows, making it nearly impossible for a driver to see a small child behind the car. The design in smaller, sedan-type cars includes higher trunks and smaller rear windows, creating a huge blind spot as well.

Electronic detection devices are offered in newer vehicle models to alert the driver if there is an obstacle at the rear of the car, but many times this feature is only available with the purchase of an expensive navigation system, so that the navigation screen can work with a rear-view camera. Many families decline the back-up sensor option when purchasing a new car because of the price.

Expensive sensors aren't the only way to keep kids safe. One idea to keep little ones away from the back of a car when the driver is leaving is to encourage the kids to stand in a safe, visible spot and have them wave goodbye. Always alert other adults to your departure and ask for their help in keeping children away from the car. Know where your kids are at all times, especially during these warm summer months, as more and more children play outside.

Originally posted at InjuryBoard by Chuck Boyk

Oak Harbor man dies in police custody

Dale Emch — Wed, 15 Aug 2007 12:23:36 GMT

After winning $600,000 in a police brutality lawsuit seven years ago, an Oak Harbor, Ohio, man died last weekend following multiple Taser shocks by Sandusky County Sheriff's deputies.

Craig A. Burdine, 37, was being booked into the jail on assault and criminal damaging charges when the police used the Taser because "he was going crazy," Fremont Police Chief Monte Huss told the Toledo Blade.

In 2000, a jury awarded Mr. Burdine $600,000 after finding a Port Clinton police officer used excessive force following a 1996 drunk-driving arrest. Two Ottawa County Sheriff's deputies also were held partly responsible for not intervening, The Blade reported.

Tasers, which deliver electrical jolts to a person police are trying to subdue, have been blamed as contributing factors in a number of deaths across the country. In 2005, two men died in Lucas County and Akron after police used Tasers to gain control over them.

For more information on this subject matter, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Dale Emch