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Ohio Wrongful Death Lawyers
Compassionate legal help when a loved one suffers wrongful death in Ohio
Losing a loved one due to someone else's negligence or wrongful actions is a tragic and life-altering experience. At Crandall & Pera Law, we understand the profound emotional and financial impact that wrongful death can have on surviving family members. Our dedicated team of Ohio wrongful death attorneys is committed to providing compassionate support and expert legal representation to help you navigate this difficult time. We are here to ensure that justice is served and that you receive the compensation necessary to cover medical expenses, funeral costs, lost income, and the pain and suffering you and your family have endured.
Navigating a wrongful death claim can be complex and overwhelming, but you do not have to face it alone. Our experienced attorneys have a deep understanding of Ohio's wrongful death laws and are skilled in handling these sensitive cases. We work tirelessly to investigate the circumstances surrounding your loved one's death, gather critical evidence, and build a strong case to hold the responsible parties accountable. While no amount of money can ever replace your loss, seeking justice through a wrongful death claim can provide a sense of closure and financial stability for your family's future. Contact us today for a consultation, and let us help you on the path to healing and justice.
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What is wrongful death in Ohio?
Per the Legal Information Institute:
Wrongful death is a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person. A wrongful death action may be brought against a person also facing criminal charges for the same event, and even if the person is not found guilty of a criminal charge, the person may be found liable for the wrongful death action because it has a lower burden of proof. The action is governed by state statutes, which limit the damages and who can benefit from such suits. The statutes allow children and spouses to receive damages from wrongful death suits, but some states extend this to parents, siblings, and other dependents. Damages for wrongful deaths compensate for the lost financial support and suffering due to the death, and juries award damages based on a variety of factors, including the person’s income beforehand, expected future income, and the level of family members' dependence. Sometimes, juries may award damages for funeral expenses, pain, and emotional harm caused to the person injured when they suffer before dying.
Who can bring a wrongful death claim in Ohio?
In Ohio, a wrongful death suit can be brought by the personal representative of the deceased person's estate. This representative is often named in the deceased’s will or estate plan. If the will does not name anyone, the court can appoint one.
The wrongful death suit is filed on behalf of the surviving family members who are eligible to receive compensation. According to Ohio law, these typically include:
- Surviving spouse: The husband or wife of the deceased.
- Children: This includes both minor and adult children.
- Parents: The mother and father of the deceased.
Other family members, such as siblings or grandparents, may also be eligible to receive compensation if they can demonstrate that they were financially dependent on the deceased. The personal representative must act in the best interests of all potential beneficiaries, ensuring that the compensation is fairly distributed according to the relationship and dependency on the deceased.
What types of accidents lead to wrongful death in Ohio?
Several types of accidents can lead to wrongful death claims in Ohio, including:
- Motor vehicle accidents: Car crashes, motorcycle accidents, truck accidents, and pedestrian collisions often result in fatalities due to the force of impact or negligence of drivers.
- Medical malpractice: Negligence by healthcare professionals, such as surgical errors, misdiagnosis, or medication errors, can lead to fatal outcomes.
- Workplace accidents: Fatalities occurring on construction sites, industrial accidents, or incidents involving hazardous materials are common causes of wrongful death claims.
- Premises liability: Accidents such as slips and falls, structural collapses, or inadequate security leading to assaults resulting in death on someone else's property.
- Product liability: Defective products, including vehicles, machinery, or consumer goods, that lead to fatal accidents due to design flaws or manufacturing defects.
- Criminal acts: Homicides or assaults that result in death due to someone else's criminal actions.
- Recreational accidents: Fatalities occurring during recreational activities such as boating accidents, diving incidents, or sports-related injuries.
In each of these scenarios, if the death occurred as a result of someone else's negligence, recklessness, or intentional harm, surviving family members may have grounds to file a wrongful death claim to seek compensation and justice for their loss. The Ohio personal injury attorneys at Crandall & Pera Law can help.
Who is liable for my wrongful death claim?
Liability in a wrongful death claim in Ohio typically falls on the party or parties whose negligent or wrongful actions caused the death. Depending on the circumstances of the incident leading to the death, potential liable parties may include:
- Individuals: This could be a negligent driver in a car accident, a healthcare professional in a medical malpractice case, or an individual who committed a criminal act resulting in death.
- Businesses or employers: If the death occurred due to a workplace accident or premises liability incident, the employer or property owner may be held liable for failing to provide a safe environment.
- Government entities: In cases involving accidents on public roads, defective infrastructure, or due to the negligence of government employees, government entities may be liable.
- Manufacturers: In product liability cases, manufacturers, distributors, or sellers of defective products that caused the death may be held accountable.
- Healthcare facilities: Hospitals or clinics may be liable for wrongful death resulting from medical malpractice or negligent care.
Determining liability requires a thorough investigation into the circumstances of the incident, gathering evidence, and establishing that the actions or negligence of the responsible party directly contributed to the death. Consulting with an experienced Ohio wrongful death attorney can help with the process, working to ensure that all liable parties are held accountable for their actions.
What is the value of my Ohio wrongful death claim?
The value of a wrongful death claim in Ohio can vary widely depending on factors unique to each case. Some key factors that can influence the value of a wrongful death claim include:
- Economic damages: Any medical bills incurred as a result of the injury leading to death. Expenses related to the funeral, burial, or cremation of the deceased. The income the deceased would have earned if they had lived.
- Non-economic damages: Compensation for the physical and emotional pain endured by the deceased before death. Damages for the loss of love, affection, companionship, guidance, and support experienced by surviving family members. Compensation for the loss of the marital relationship, including the loss of intimacy and services.
- Punitive damages: In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.
- Liability and insurance coverage: The amount of available liability insurance coverage or assets of the defendant(s) may impact the potential recovery.
- Contributory fault: Ohio follows a modified comparative negligence rule, which means that the compensation may be reduced if the deceased was partially at fault for the incident leading to their death.
Calculating the precise value of a wrongful death claim requires a thorough evaluation of these factors, along with an understanding of Ohio's laws and precedents. To assess your case’s potential value and seek fair compensation for your losses, consult with the Ohio wrongful death lawyers at Crandall & Pera Law today.
Dedicated Ohio wrongful death lawyers
If you lost a loved one due to someone else's negligence or wrongful actions, do not face this challenging time alone. At Crandall & Pera Law, our compassionate team of Ohio wrongful death attorneys is here to provide the support and legal guidance you need. We are committed to fighting for justice on behalf of your family and securing the compensation you deserve for your loss. Contact us today for a consultation to discuss your case. Let us help you work through the complex legal process and pursue a path toward healing and financial stability. Please call our offices or fill out our contact form to schedule a no-obligation consultation. We have five Ohio law offices located in Cleveland, Columbus, Cincinnati, Chesterland, and Chagrin Falls.