When you lose a loved one due to someone else’s negligence, it is an emotional time. It is understandable that you might have feelings of anger at the negligent party and be genuinely concerned about what your financial future now holds. Unfortunately, the only thing you can do is to pursue financial compensation from the negligent party. It will not bring your family member back, but perhaps it can help ease some anxiety about your finances moving forward.
Wrongful death claims can be complex, which is why you should contact an Ohio wrongful death attorney who can help.
Not everyone can bring a wrongful death claim. Determining who has the right to bring one can be challenging in some instances. Under Ohio law, only the personal representative, or executor, can bring a wrongful death claim. This is the person who will be responsible for pursuing the claim on behalf of all eligible family members.
Wrongful death claims are handled similarly to other types of personal injury claims. That means there is a negligence standard you must meet in order to prevail. You have to prove that the defendant’s actions contributed to the deceased’s injuries. No two wrongful death claims are the same. You could have someone die from injuries sustained in an auto accident, but it could also be a dog bite, medical malpractice, or even a slip and fall. This is one of the reasons why it is in your best interest to hire an experienced Ohio wrongful death attorney.
Like other types of personal injury claims, you only have a limited amount of time to file a wrongful death claim. Ohio requires that a wrongful death claim be brought within two years in most cases. Failure to bring a claim within the two-year statute of limitations means you could lose your legal right to bring the claim. If the death stems from a medical malpractice claim, then you must bring a suit within a year to preserve the deceased’s right to survivorship damages.
If you are successful in your wrongful death claim, the verdict or settlement offer should compensate the estate for its damages. The value of the claim will vary based on the unique circumstances of your situation. Again, no settlement will be the same as another, and the damages will vary. Some of the financial recovery you may be entitled to in a wrongful death case includes:
If you are the personal representative for a loved one’s estate and you believe you have a valid wrongful death claim, we recommend consulting with a personal injury attorney who can advise you on your legal rights and potential recovery. Contact Lafferty, Gallagher & Scott, LLC today to schedule an initial consultation.
I was hurt in a very bad car accident. I worked with Attorney Scott and he was so patient with me. He gave me options and communicated very well with me. Nicole in the office, she was beyond amazing! She…
Our family worked with Joe Hartle to finalize the adoption of our daughter last fall. So while we were not the typical client of this firm, we still had a great experience. Joe is the best, was so friendly, easy…
Attorney Scott helped me with my car accident case. I highly recommend Attorney Scott. He was very good about explaining things to me, and I am very happy with the results. Thank you!
Attorney Lafferty handled my car accident vs. pedestrian case. Very happy with the service and representation he provided. Great result!
Attorney Scott was wonderful in his representation of me for my car accident.
I was represented by Joe Hartle, who did a great job with my auto accident claim. Very happy with the end result.
Highly recommended. The attorneys are very knowledgeable, helpful, and friendly. They did an outstanding job representing us after a terrible car accident caused us serious injuries.
Joe Hartle represented us in a wrongful death case involving a semi-truck. He did an outstanding job during a very trying time in our life. Thank you!
Excellent service all the way around. Happy to recommend Lafferty Gallagher & Scott
Very professional and informative. Thank you to Attorney Jon Lafferty.