Wrongful Death Cases -- Legal Notes from Fields, Dehmlow & Vessels in Marietta, Ohio

www.fieldsdehmlow.com What is wrongful death? How is a wrongful death case different from a personal injury case? The main difference is that the injured person is actually dead and cannot represent themselves in the matter.

The Court will appoint a representative to act on the deceased's behalf. There are two types of wrongful death claims. This representative will be an administrator or executor of the estate.

1. Survivorship Claim
Deceased person would have pursued the claim on their own behalf. Covers medical bills, lost wages, and pain and suffering.

2. Wrongful Death Claim
On behalf of the survivors, and covers future income the deceased would have earned, future expected inheritance, loss of companionship, and mental anguish at their death.

Settlement of these claims must be approved by the court. Survivorship Claims generally pass through the deceased's will or laws of intestacy (meaning no will). Wrongful Death Claim benefits will be guided by a set of statutes in each state to obtain an equitable distribution of the benefits. Surviving spouses and minor children are usually favored before other family members in these considerations.

Visit www.fieldsdehmlow.com for more information, or call 740-374-5346 today. The law firm of Fields, Dehmlow & Vessels has experience in wrongful death cases in both West Virginia and Ohio.

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