Wrongful Death Claims Process | Lawyer Wrongful Death Claims

Wrongful Death Claims Process

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Wrongful Death Claims Process

Wrongful Death Claims Process

Wrongful Death Bench Card

The bench card provides information on the correct applications and forms that must be used for the wrongful death claim, as well as the appropriate period of time for filing the claim after the death of the deceased. It may also include information on the duties and responsibilities of the personal representative handling the case.

Application and Forms for a Wrongful Death Claim

Standard Probate Form 14.0

Also known as the Application to Approve Settlement and Distribution of Wrongful Death and Survival Claims. This form must contain a statement of facts, including the amount to be allocated to the settlement of the wrongful death claim and the amount, if any, to be allocated to the settlement of the survival claim.

Standard Probate Form 14.1

This is the Waiver and Consent form for Wrongful Death and Survival Claims. In a wrongful death lawsuit, this form is used to waive and release any claim of the distributees or heirs to damages for the wrongful death or survival of the deceased.

Standard Probate Form 14.2

Once the settlement has been approved, the court will enter an Entry Approving Settlement and Distribution of Wrongful Death and Survival Claims.

Standard Probate Form 14.3

Finally, there is a Report of Distribution of Wrongful Death and Survival Claims form. This form is used to report the distribution of the settlement funds to the beneficiaries of the deceased person.

Time Period for Filing a Wrongful Death Claim

The time period for filing a wrongful death claim in Ohio is two years from the date the victim died, or two years from the date a wrongful death was discovered. This is known as the statute of limitations for a wrongful death claim in Ohio. The statute of limitations is a strict deadline that the wrongful death lawsuit must be filed by. If the claim is not filed within the specified time period, it will likely be barred from proceeding in court.

Responsibilities of a Personal Representative

One of the main responsibilities is to choose an experienced wrongful death attorney and meet with them to discuss both the life and death of the deceased individual. The personal representative is also responsible for communicating with the attorney and opposing counsel, handling the paperwork for the case, and making all major decisions regarding a wrongful death settlement or proceeding to trial.

In addition, the personal representative is responsible for managing the assets of the deceased individual, coordinating with the attorney handling the wrongful death lawsuit, and ensuring that proceeds from any settlement or judgment is properly distributed.

Hiring a Wrongful Death Attorney

While you’ll need a wrongful death lawyer in order to file a wrongful death case, it’s important to know as much as possible about the process. I have a long history with wrongful death lawsuits. Whether the decedent’s death was caused by a car accident or medical malpractice, the wrongful death settlements have covered lost wages as well as medical and funeral expenses. I spend time with immediate family members and surviving relatives, learning the information to prove wrongful death.

Legal Filings and the Beginning of the Wrongful Death Claims Process

In order to win a wrongful death suit, I need to prove that your loved ones death was either purposeful or due to negligence. To file a wrongful death claim you must have the correct paperwork for the legal filing..

Once the wrongful death case has been filed, a jurisdiction and venue will be assigned, as well as a judge. From this point forward, everything will take place in a court of law. As long as the civil case for wrongful death damages is filed with two years of the victim’s death, (although there are exceptions to this), the case will proceed and a notice will be served. Any family member who may be able to join in the suit will receive notice of the filing, as well as the defendant being charged with wrongful death.

The Hearing for the Wrongful Death Lawsuit

After everyone has been notified, the wrongful death claim hearing is scheduled. Everyone joined in the suit should be present for the hearing. The judge will listen to the defendant and plaintiff(s), and review all of the evidence presented by the plaintiff and their attorney(s). The plaintiffs must prove not only that the death was wrongful, but also that the plaintiff and their family deserve compensation for the tragic loss of their loved one. Wrongful death lawsuits require detailed information about the decedent’s death, and who is the responsible party.

When filing a wrongful death lawsuit, it is important to prove a wrongful act took place and resulted in the person’s death. But it also important know the economic damages you are fighting for in civil court.

Wrongful Death Lawsuits are filed to recoup:

Funeral and burial costs

These costs can include fees for services such as embalming, transportation, preparation of the body, and the casket or urn. Additionally, there may be charges for a memorial service or funeral ceremony, including fees for the location, decorations, and the officiant. Burial expenses in wrongful death cases can include costs for a grave, vault, opening and closing of the grave, headstone and flowers. You deserve to have the funeral expenses of your loved one covered. Let me help, and file your wrongful death suit for you.

Medical bills, related to loved one’s death and decedent’s pain

Medical costs related to a loved one’s death are expenses incurred from medical treatment provided to the deceased prior to their passing. Wrongful death claims include hospital stays, diagnostic tests, surgical procedures, medication, and other medical expenses. In most cases, the departed person’s estate is responsible for paying off these bills. Bring a wrongful death case to me, and let’s fight for the damages.

Minors in a Wrongful Death Lawsuit

Minors, including children of the deceased, can also be awarded money in a wrongful death case. In these situations, the funds are placed into a trust and a guardian ad litem is appointed in order to ensure the children will receive the money when they are of age.

Loss of income
Loss of companionship and consortium
Help with household services
Pain and suffering
Punitive damages (in cases of extreme negligence or wrongful act

I will help you understand and navigate the wrongful death legal process

If someone in your family died due to the negligence of others, call me today. The sooner we discuss your wrongful death claim, the sooner we can gather the facts of the case and prove your loved ones death was the result of negligence. I will not only hold the responsible party accountable, I will ensure your family is rewarded with the largest monetary compensation possible, according to Ohio law. I’ll Make Them Pay!®

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23:46 01 Aug 22

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My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God Bless.read more

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I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more

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Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more

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If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more

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Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.read more

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19:32 28 Sep 20

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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127

Phone: 1-800-556-4769
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Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.