Legal Question in Personal Injury in Ohio

My condolences on the loss of your daughter. The first question I have is whether the accident had anything with he death. If it did you need to call a lawyer that specializes in wrongful death cases right away. Regardless, you will need a lawyer though because you have no authority to sign the "Release" on behalf of your daughter. Somebody will need to be appointed by your local probate court as the representative of her estate and then that person can go ahead and settle the case if the court deems the settlement reasonable. Because of your daughter's death unfortunately this situation becomes very complicated. There are many more questions I have and i'm sure you do also. If you'd like please feel free to give me a call to discuss this in greater detail. 216-781-2600.,

I too extend my condolences on the loss of your daughter. Ryan Fisher's answer is correct and exactly what I would have indicated and suggest that you follow his advise. If her death had nothing to do with the settlement then the funds received will become a probate asset and will be distributed according to her will. If she did not have a will it will be distributed based upon the laws of intestate succession in Ohio. If the death was related to the accident there are two claims that need to be considered and you need to discuss this matter with an attorney that handles wrongful death claims as the claim for your daughter's pain and suffering and the claim for the family members that survived your daughter are different and there are different statutes of limitation on each.

Again, my condolences.

Howard Mishkind

216-595-1900

866-463-3625

[email protected]

Good luck