Dealing with the sudden death of a loved one is heartbreaking for family members. Life comes to a complete halt as you try to comprehend what has happened. When your family member was killed by the negligence of another person, it can be even more difficult to process. Wrongful death statutes vary from state to state, but in Ohio, a wrongful death is when a loved one dies as the result of the negligence, default, or wrongful action of another individual.
A wrongful death lawsuit involves is a claim for injuries by the surviving family members of a deceased person to receive compensation for damages due to the unexpected death.
The following surviving family members may be able to initiate a wrongful death lawsuit:
- The spouse of the deceased individual
- Children of the deceased (includes adopted children)
- The parents of the deceased individual
It is important to understand that a wrongful death is a separate entity from any criminal charges that the alleged killer may face in a court of law. You should also remember that any monetary damages in a wrongful death lawsuit are for compensating surviving family members for pain and suffering.
While legal issues may be the furthest thing from your mind at this time, it is important to consider bringing a wrongful death claim. Your family may be entitled to financial compensation for the great loss you have endured. If you or your family has experienced a loss as a result of negligence or intentional wrongful actions, you may want to consider hiring a wrongful death attorney to help you receive compensation for your pain and suffering. A lawyer will be able to assist you in filing a claim to receive the justice your family deserves. It may be a difficult time in your life, but you should be aware that there are wrongful death attorneys that can help you in your time of need.
Variations of Ohio Wrongful Death Actions
A family member or representative of the family can initiate several different kinds of wrongful death claims in the state of Ohio. All of the wrongful death actions include the following accidents:
- Vehicle accidents (car, truck, motorcycle, planes, and trains)
Product defect accidents
Prescription medication errors
Medical malpractice resulting from medical mistakes or wrongful diagnosis
Slip and fall accidents
Building and home fires
- Criminal conduct that causes death like DWIs
- Exposure to dangerous or toxic substances at work
Wrongful Death Claims Brought on Behalf of the Family Members
According to Ohio wrongful death laws, immediate family members can sue for their emotional and economic losses caused by the death of their loved one. However, usually, only one family member will need to be selected as the representative for all beneficiaries. This representative will be the named plaintiff in the wrongful death case and can seek compensation for:
- Loss of support from the reasonably expected earning capacity of the deceased
- Loss of services of the deceased
- Loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education
- Loss of any future inheritance from the deceased
- Mental anguish suffered by beneficiaries
Survival Claims Brought on Behalf of the Deceased
In some cases, family members can also bring a lawsuit on behalf of the deceased. This accounts for any pain and suffering the deceased experienced before death.
Possible Damages for an Ohio Wrongful Death Lawsuit
When you decide to pursue legal action, your wrongful death attorney will meet with you to discuss the specifics of your case and let you know which damages your family may be eligible to receive. In many instances, damages vary depending on the nature of the accident and your lawyer will be able to explain it to you and your family. Your family may be eligible to receive the following damages:
- Compensation for the emotional pain and suffering your family experiences
- Loss of financial support and earnings potential of your deceased family member
- Loss of companionship, intimacy, care, attention, protection, and advice from your deceased family member
- Loss of future inheritance from your deceased family member
You will not be able to receive punitive damages in a wrongful death lawsuit.
Your attorney will also notify you of the statute of limitations for filing a wrongful death lawsuit in Ohio. You have two years from the date of the death of your loved one to file a lawsuit and given everything your family will have to deal with; it is a good idea to hire a wrongful death lawyer to make sure you do not miss any critical deadlines relating to your case.
After a Fatal Accident: Getting the Right Legal Help
It is important to understand that although a wrongful death lawsuit will never be able to bring your loved one back, it can provide your family with the compensation to pay any expenses relating to the death of your loved one like medical bills and funeral costs. A wrongful death attorney can help you receive monetary damages to compensate your family for losing the main breadwinner of the family so you will be able to provide for the surviving family members.
At Chester Law Group, personal injury law is all that we do. This includes wrongful death and survival claims. When clients come to us with these legal issues, their world has just collapsed from underneath them. They are grieving, in pain, and confused as to who can be held accountable.
Our wrongful death attorneys are here to assist you in your time of need. Let us use our experience to help you get justice for your family. When you are in the middle of grieving the loss of your loved one, you should not have to worry about how you will be able to provide for your family in the future. We are here to support you in your time of need and want you to focus on being with your family to celebrate the life and accomplishments of your deceased loved one.
As your legal counsel, we are here to help you with everything. We will help you understand how the laws apply to your family, what your expectations should be, and all available options for proceeding. We understand that you need to focus on your family during this difficult time. Our lawyers will do everything they can to take the stress out of the legal process.
We care about the well-being of your family and want to make sure you have the time to focus on the healing process while we handle your legal battle. Our attorneys can answer any questions about the wrongful death legal proceedings for your deceased loved one so you will know what to expect and about how long the process will take. We are here to make your life a little easier so you can spend time with your family and friends and take the time to process your loss and deal with your grief.
There is no case that is too difficult for us to handle, we are here to give you and your family all the support you need to get through the heartbreak of losing someone dear to you and your family. Our wrongful death attorneys know and understand that there is nothing that can replace the love you received from your deceased family member, and there is nothing that can bring them back, but we want to take the confusing legal process off your plate so you can focus on healing. No matter how long it takes, we will be here for you for the duration.
The only way to find out if our wrongful death attorneys can help you and your family is to schedule an appointment for a consultation. We will be happy to sit down with you and explain every aspect of the legal proceeding so you will know what to expect. Our lawyers will also take some of the burden off your shoulders so you can grieve without worry. We are here to help you in any way we can. The Chester Law Group cannot help you if you do not reach out to us. Call us today so we can get started on your case.
Need More Information? Order Our Free Book on Wrongful Death
Attorney David Chester is the author of an important book on wrongful death in Ohio. We encourage you to download a free copy of Losing Someone You Love: An Ohio Family’s Guide To Wrongful Death or request one be mailed to you. Then contact our wrongful death attorneys to schedule a free consultation to discuss your specific matter.
We have 19 office locations statewide, including our headquarters in Akron.