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 a claim for injuries by the surviving family members of a deceased person to receive compensation for damages due to the unexpected death. If you lost a loved one due to the careless action or inactions of others, contact an experienced wrongful death lawyer immediately to discuss your case.
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, intentional wrongful actions, or default of another individual, 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 lawyers 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
In some cases, family members can also bring a lawsuit on behalf of the deceased, which accounts for any pain and suffering the deceased experienced before death or any injuries that led to death. Retaining an experienced wrongful death lawyer can be the first step in beginning the healing process. A skilled wrongful death lawyer can offer you peace in a terrible time by dealing with the turmoil caused by the death of your loved one while you focus on dealing with your loss.
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 wrongful death lawyer 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 From An Experienced Wrongful Death Lawyer
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 lawyer 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, helping others is what 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 lawyers 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 wrongful death 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 wrongful death lawyers 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 lawyers can help you and your family is to schedule an appointment for a consultation. One of our experienced wrongful death lawyers will be happy to sit down with you and explain every aspect of the legal proceeding so you will know what to expect. Retaining a wrongful death lawyer will also take some of the burdens off your shoulders so you can grieve without unnecessary 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.
Traumatic Injury to Mother and Unborn Child/ Cuyahoga County/ Premises Liability/ Wrongful Death
Our pregnant client was severely injured by a motor vehicle while sitting on a bench in front of a commercial establishment. Injuries resulted in a child born with severe brain damage and multiple disabilities. Sadly, the child died within a year of the accident. Liability attached to the premises owner for unsafe condition of the customer parking in relation to the bench. Our investigation uncovered a prior incident and notice to the premises owner of the unsafe condition. Primary recovery from the premises owner for Injuries and Wrongful Death.
Awarded: Total awarded for injuries and Wrongful Death:- $985,000
WRONGFUL DEATH: ELDERLY MICHIGAN MAN. ONE-CAR OHIO ACCIDENT. OVER $1,000,000 IN ECONOMIC DAMAGES.
Our client, an elderly Michigan man, was killed when his friend lost control of the vehicle the friend was driving in Ohio. Our client left behind a loving wife and daughter. Economic damages, such as lost wages, were over $1,000,000. The insurance company for the party at fault fought liability and injury causation during litigation but a settlement was reached in January 2014 just before trial.
Awarded: Confidential Settlement: January 2014
WRONGFUL DEATH: ONE-CAR ACCIDENT: HUSBAND FROM LEBANON, OHIO KILLED. CONFIDENTIAL SETTLEMENT.
Our client, a male Ohio resident from Lebanon, Ohio, was killed in a one-car accident while he was a passenger in the vehicle. The driver of the vehicle lost control and all four people in the vehicle were killed. Our sincere condolences go out to his family.
Awarded: Confidential Settlement: February 2014
WRONGFUL DEATH: CAR ACCIDENT: MIDDLE-AGED NORTHEAST OHIO MAN DIED. ALMOST $900,000.00 IN ECONOMIC DAMAGES.
Our client was a middle-aged man from northeast Ohio. He was killed in an auto accident. His future lost wages and other economic damages totaled almost $900,000. Liability was in doubt in this case. We argued that the party at fault crossed a double yellow line on the road. The case was settled before a jury trial was necessary. Our sincere condolences to his family.
Awarded: Confidential Settlement: See also auto accident above: January 2014
MEDICAL MALPRACTICE: WRONGFUL DEATH: $850,000; FAILURE TO DIAGNOSE TOXIC KIDNEY STONE.
Our client, an Ohio resident in her eighties, went in for treatment of kidney stones. It was our position that the doctor did not do the proper testing to determine if the kidney stones were toxic. When the doctor dissolved the kidney stones, the toxic remains killed our client. We co-counseled this claim which settled for $850,000 before trial. There was very little in economic damages due to our client’s advanced age. We are sorry for her family’s loss.
Awarded: $850,000: January 2013
WRONGFUL DEATH: RAILROAD ACCIDENT: 12-YEAR-OLD BOY KILLED. CONFIDENTIAL SETTLEMENT.
Our client was a 12-year-old Northwest Ohio boy who was out walking near parked train cars in his backyard. The railroad company moved the trains and ran over the little boy. We argued that the railroad company was negligent for not inspecting the train tracks before moving train cars and for violating their own safety protocols. After extensive litigation discovery, we negotiated a sizable confidential settlement in November of 2013. Confidentiality and secrecy are often conditions of settlement in these types of cases.
Awarded: Confidential Settlement: November 2013
WRONGFUL DEATH; YOUNG WOMAN KILLED IN TRUCK ACCIDENT | LICKING COUNTY WRONGFUL DEATH. INSURANCE POLICY LIMITS.
An 18-year-old female from Newark was in a drunk driving truck accident after a truck being driven by man from Westerville ran a red light. The accident occurred on SR 310 in St. Albans Township. She died while on route to the hospital. In this case there was not enough insurance to fully compensate the family of the deceased.
This happens quite often in wrongful death cases. The party at fault has little or no insurance or leaves the scene for fear of being arrested. The client does not have enough auto insurance to cover the medical bills or injuries sustained. Most of the time in Ohio, the party at fault has no assets to recover, which makes the bad situation even worse.
This is why it is so vital to carry a large Uninsured Motorist policy. The Uninsured Motorist policy (UM) pays for injuries, pain and suffering, etc, when the party at fault has no insurance. It is also a good idea to buy Underinsured Motorist coverage (UIM), which pays when the party at fault has little insurance. I suggest that clients carry as much UM and UIM insurance as they can afford. You must protect yourself both from hurting someone (liability coverage) and from an uninsured or underinsured motorist crippling or hurting you (UM and UIM coverage).
The two types of coverage, UM and UIM, are often sold together, but not always, so make sure both are listed on the declarations page of your auto policy you get in the mail. If you are not sure, call your insurance agent, and remember, “full coverage” may be only $12,500 coverage for UM and UIM, which is hardly enough to compensate a person or their family in the case of a wrongful death case. I believe at least $100,000 liability and $100,000 UM/UIM coverage is the least you should carry for most clients.
Awarded: Insurance Policy Limits
WRONGFUL DEATH: TRAILER CRASH; HUSBAND/FATHER KILLED. INSURANCE POLICY LIMITS.
Our client, an Ohio resident, husband and father, was a passenger in a vehicle pulling an enclosed trailer. The driver of the vehicle failed to negotiate a left hand turn and our client was ejected from the vehicle and subsequently died. We are sorry for his family’s loss.
Awarded: Insurance Policy limits
WRONGFUL DEATH: AUTO COLLISION: 82-YEAR-OLD WOMAN: LEFT OF CENTER IMPACT. INSURANCE POLICY LIMITS.
Our client, an 82-year-old woman from Columbus, Ohio, was killed in an auto collision in Franklin County, Ohio. The party at fault went left of center and struck the vehicle my client was in. Sadly, my client suffered for a period of time after the collision and subsequently died as a result of her injuries. We are sorry for her family’s loss.
Awarded: Insurance Policy Limits
- Wrongful Death
If it wasn’t for attorney Chester, I would have been in a very bad situation. Thank You for being available for me.
– George W.
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 lawyers to schedule a free consultation to discuss your specific matter
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