Losing a loved one is one of the hardest things we go through in life. You’re already in enough pain without knowing your loved one’s death could have been prevented. When you lose a loved one due to another person’s negligence or thoughtless actions, it is called “wrongful death.”
In the state of Ohio, a wrongful death claim can be filed in pursuit of monetary compensation from the person or company responsible for your loved one’s passing. This process is complex and can be drawn out for an extended period of time if the at-fault party denies liability. You need an experienced wrongful death attorney who will be compassionate and sensitive to your needs and wants.
Though wrongful death is, generally speaking, the death of someone as the result of wrongful doings by another person, these are some scenarios of the cases I handle most often:
Nursing home negligence
Elder abuse
Medical malpractice
Defective products or equipment
Neglect
Limiting access to proper medical treatment by a caregiver, guardian, or family member
There are many other scenarios that can lead to a wrongful death claim, and if you believe your loved one’s death could have been prevented, meet with an attorney early to discuss the details of your situation.
Like any other negligence claim, there are particular laws that govern wrongful death lawsuits and the process of obtaining a settlement. Some of these include a statute of limitations, the person who the law allows to file a claim, and the circumstances of death.
The state of Ohio requires that:
The claim is filed within two years of the decedent’s death.
Only the executor of the estate or “personal representative” can file and bring a wrongful death claim to the court.
Only a person can act as executor - companies and corporations may not act as executor
If individuals are not immediate family (parents, children, spouse), they must prove in court that they have suffered a compensable loss.
The best way to make sure that everything is done correctly and that you have the best chance at success is to hire a skilled wrongful death attorney from the very beginning.
Any wrongful death case can seek damages for a number of things and different types of loss such as:
Loss of financial support
Loss of services performed by the deceased (child care, caretaking, etc.)
Loss of companionship
Loss of inheritance that would have been received if the decedent lived
The mental and emotional anguish suffered as the result of an untimely death
In the wake of your own emotional shock, you may not be able to construct a complete list of damages or losses on your own. So it is important to go over these things with family as well as an attorney to help you determine exactly what to sue for in court.
With my extensive experience and expertise, I can help your family pursue just compensation for your loss. If you are unsure about how to present your case, I will talk with you and help you determine what to do next. Call my office to schedule a free consultation today.
Have you lost a loved one due to someone else's negligence or reckless actions? Pursuing compensation for wrongful death is your right as a surviving family member. I can help you move through the steps smoothly and see that your best interests are covered in the process. I will help you fight for justice on behalf of your lost loved one. Call me today.
