A wrongful death claim in Ohio exists where an individual suffers fatal injuries or illness as a result of a negligent or wrongful act of another. This may be caused by a car accident, trucking accident, motorcycle accident, medical malpractice, workplace / industrial accident, or other event. Families often seek guidance from a wrongful death lawyer and a probate attorney after the loss of a loved one.
Wrongful death claims are initiated by the deceased person’s executor or administrator on behalf of the surviving family members. While the actual wrongful death claim itself is filed in the General Civil Division of the Court of Common Pleas, the actual administration of any settlement or recovery of a verdict is overseen and distributed by the Probate Court.
Probate Courts in Ohio are the only courts in Ohio that have jurisdiction over the estates of deceased individuals. When an Ohio resident dies and leaves behind assets or claims, the Probate Court is responsible for appointing someone to serve as the executor or administrator of the estate. This is also called the “fiduciary” of the estate. Many families work with a probate attorney to navigate this legal process.
That executor or administrator is the point person that takes possession of the estate assets and administers any claims that may exist for the estate. The executor or administrator serves as the named party to any litigation involving the deceased person’s estate. This means that in wrongful death litigation, it is the executor or administrator who will be named as the Plaintiff- not the deceased person. It is the Probate Court’s function to monitor and oversee the actions of that appointed person to ensure that the rights of the deceased person’s heirs and beneficiaries are protected.
A wrongful death claim in Ohio is a specific claim that is created by state statute. It is brought by the estate’s executor or administrator on behalf of the deceased individual’s surviving family members. Because a wrongful death claim can only be initiated by a court-appointed executor or administrator, the Probate Court is the first stop for any family intending to pursue a wrongful death claim when a loved one is tragically killed as a result of someone’s negligence or wrongdoing. This is true regardless of whether the wrongful death case stems from medical malpractice, nursing home negligence, a car accident, a trucking accident, a motorcycle accident, a workplace injury, or any other type of wrongful death case.
No. It is not within the Probate Court’s jurisdiction to decide who is at fault for the death of the individual. Nor is it within the Probate Court’s jurisdiction to decide the amount of damages the family is entitled to receive as a result of the wrongful death of their loved one. The Court of Common Pleas General Division (Ohio state courts) or the United States District Courts (Federal courts) have jurisdiction to adjudicate the underlying wrongful death claims in order to decide (1) who, if anyone, is at fault, and (2) the amount of damages sufficient to compensate the estate for the wrongful death of the decedent.
What does the Probate Court decide? The Probate Court is responsible for overseeing the executor / administrator and making sure that person and his or her legal counsel are diligently working to pursue any claims that might exist. If the executor / administrator is not doing the job, or legal counsel is not diligent, then the Probate Court has the authority to remove the executor / administrator and appoint someone else to properly do the job so that the rights of the surviving family members are protected.
If a settlement is reached in a wrongful death claim, the Probate Court then has sole jurisdiction to decide whether or not to approve the settlement. The Probate Court decides whether the settlement is fair and reasonable considering all the circumstances. If the settlement is not fair to the family members, the Probate Court will deny an application to approve the settlement and order the executor / administrator to continue pursuing the case.
If the Court decides that the settlement is fair, or if the case proceeds to trial and there is a recovery of money through the trial process, the Probate Court must then approve and oversee the administration of the settlement / recovery amount. This is a protection to the estate and its beneficiaries, to make sure that the resolution is far and appropriate. This includes reviewing the appropriateness of any legal expenses, attorney fees, funeral expenses, final medical expenses, as well as determining the allocation of the final distributions among surviving family members. This area of probate litigation can become highly contested when family members disagree about how settlement funds should be divided.
It is this last item that sometimes creates the most conflict. Typically, during the actual wrongful death litigation, family members are united in their efforts to seek compensation against the wrongdoer(s) / defendant(s) that caused the death of their loved one. However, the Probate Court has the responsibility of deciding how the actual settlement or recovery funds will be divided among the various surviving family members.
For example, if a settlement results in a net amount of $1,000,000.00 to be divided among the family members, the Probate Court must decide how that $1,000,000 will be distributed among a surviving spouse, children, surviving parents, siblings, and possibly other family members. There is no fixed formula for deciding this. Instead, if family members cannot reach agreement on how the funds should be divided, the Probate Court must hold an evidentiary hearing for the family members to make their case as to why they should receive more and others receive less.
The Probate Court tends to consider factors such as:
Once the Probate Court has reviewed all the evidence, it issues its final order directing the executor / administrator to proceed with the settlement and payment of approved expenses, including a decision as to how to divide the recovery proceeds among the surviving family members.
The attorneys at Plakas Mannos have extensive experience representing families who have lost loved ones in wrongful death claims. We have represented families who have lost loved ones and are pursuing a wrongful death case due to medical negligence, nursing home negligence, car crashes, trucking crashes, recreational injuries, motorcycle crashes, fire cases, chemical exposure cases, workplace injuries, and other injuries. Moreover, we have extensive experience with working with Probate Courts to work through approval of wrongful death settlements. If you have questions, contact us to discuss your case with an experienced wrongful death lawyer or probate attorney.
David Dingwell is a member at Plakas Mannos where he provides ethics and professional conduct advisory services, as well as probate, estate, and trust administration and planning.