If you have suffered the loss of a loved one because of someone else’s negligence or intentional actions, you might want to pursue a wrongful death claim with a wrongful death lawyer against the liable party so you can recover your losses. Ohio has wrongful death laws in place that are very specific in nature, so you need to consult with a Toledo wrongful death attorney to ensure you proceed with the claim properly. A Toledo wrongful death claim lawyer will make sure your family’s interests are put first and your rights are protected. You want aggressive legal representation for your wrongful death claim within Toledo, Ohio, so you should consult with experienced legal representation at Ohio Car Accident Lawyers. Our team of lawyers are experienced in representing clients with such challenging claims.
What is Considered a Wrongful Death Claim in Toledo, Ohio?
Ohio has laws that oversee wrongful death claims. These statutes in the Ohio Revised Statutes section 125 are very specific, stating the “wrongful act, neglect, or default” of one person that leads to another person is considered wrongful death. The family of the deceased person who suffered the wrongful death has the right to proceed with a wrongful death claim to recover damages. A Toledo wrongful death claim can be filed if the one who died would have been entitled to pursue a personal injury claim if they had survived the incident in question. To clarify, a wrongful death claim could be viewed as a Toledo personal injury claim in which the individual who suffered the injuries and damages is unable to file his or her own claim against the party responsible for the damages sustained. In Toledo, a wrongful death claim can be filed in court on behalf of surviving family members the deceased person’s estate. Ohio state laws will be used to divide the settlement among the survivors of the decedent.
Who Can Legally Pursue a Toledo Wrongful Death Claim?
The laws in Ohio regarding wrongful death claims indicate that the claim must be pursued by the deceased person’s “personal representative” for his or her estate. The law further states that the personal representative must be an individual and not a business, corporation, organization or some other entity. While the claim must be filed for the estate of the deceased person, the claim can also pursue damages for surviving family members. If you need additional information about filing a Toledo wrongful death lawsuit or who should serve as personal representative for a claim because of the death of your loved one, call the Ohio Car Accident Lawyers today.
Ohio laws make presumptions about which family members suffer losses of a compensable nature when someone is killed. The law also indicates how those losses should be compensated and to what degree. The law indicates that those who have suffered compensable losses include the spouse, children, and parents who survive the deceased party. Siblings, grandparents, and other relatives are not presumed to have suffered any compensable losses, but if you can prove differently, the court can award damages to those relatives.
The Timeframe – Statute of Limitations within Toledo
In the court system, most lawsuits have a limited time to be filed. This is the statute of limitations. Wrongful death claims in Ohio have a timeframe that must be followed as well. If a lawsuit is not filed to request damages on behalf of the deceased loved one within two years of their death, the defendant can ask that the claim be dismissed for not being timely and odds are the judge will agree to that. Different factors can come into play with wrongful death cases, so it is imperative to schedule a free case evaluation with a Toledo wrongful death lawyer so you can ensure your rights are protected and the damages are recovered.
Kinds of Damages Pursued in a Toledo Wrongful Death Claim
Wrongful death cases can lead to various losses. If you have suffered through the death of a loved one because of an intentional act or an accident that resulted from negligence or the failure to exercise due care, here are some of the damages your Toledo wrongful death lawyer might help you get through the lawsuit:
- Loss of services for things such as housework, yard work, and childcare provided by the deceased individual.
- Loss of guidance, instruction, care, companionship, and advice from the deceased party.
- Loss of financial support from the deceased individual’s regular income.
In Ohio, there are state inheritance laws that determine how the damages received in a wrongful death settlement are divided amongst the survivors. If all the family members who survive the deceased individual are related to the decedent to the same level or degree, the damages awarded will be split equally by the court. As an example, if a man dies and has no surviving spouse or parents but is survived by four children, the award settlement will be equally divided into four quarters after legal fees are taken out.
It should also be noted that the surviving spouse of the deceased party remains eligible to receive a settlement for the damages suffered even if he or she remarries before the claim is settled in court. The court will consider that the spouse has remarried, so that could impact the damage amount awarded to the spouse.
Schedule a Consultation with a Toledo Wrongful Death Attorney
If the intentional acts or negligence of someone else culminated in the death of your loved one, you should pursue a Toledo wrongful death claim to recover your compensable damages. Ohio Car Accident Lawyers’s team of experienced attorneys have almost two centuries of combined experience in handling such claims. Extensively skilled in tackling Ohio wrongful death claims, we treat all clients in a caring, compassionate manner. Our lawyers pursue claims in an aggressive manner while ensuring your fair treatment and while protecting your rights throughout the entire Toledo wrongful death lawsuit.
Don’t worry about coming up with an outrageously expensive retainer fee to get quality representation. We work on the contingency basis, so we are paid a percentage of the claim settlement. We aren’t paid until you win your claim and then we just get a percentage of the settlement. How well we do fighting for you impacts our overall pay. Our percentage of the settlement is based on a pre-agreed amount when you retain us to pursue your claim. If you have suffered the loss of a loved one and believe someone is liable, contact the Ohio Car Accident Lawyers today so we can start fighting for you!