Bowling Green Wrongful Death Attorneys
A wrongful death is defined as one that is caused by someone else’s negligence, default, or intentional wrongful act. A good rule of thumb to go by is that if the victim would have been entitled to file a personal injury claim if they had survived, then one of their beneficiaries can file a wrongful death claim on their behalf. In this way, wrongful death suits can be understood as personal injury claims in which the injured party is not able to file their own case in court. If you lost a loved one as a result of someone else’s negligence or unlawful act and want to find out more about filing a wrongful death claim, please contact a member of our Bowling Green legal team for advice.
Filing a Wrongful Death Claim
Under Ohio law, only the personal representative of a deceased person’s estate can file a wrongful death claim on the victim’s behalf. This includes, but is not limited to, the following individuals:
- The decedent’s surviving spouse;
- Any surviving children; and
- The decedent’s surviving parents.
The law presumes that these kinds of family members have suffered losses that are compensable in court, which means that they are eligible to file a claim on their loved one’s behalf. Grandparents and siblings, on the other hand, are not automatically presumed to have suffered a compensable loss, although if they can demonstrate to a court that they have suffered this type of loss, they may be permitted to recover damages.
The personal representative of a decedent who filed a wrongful death claim can seek damages for a variety of losses, including:
- All wages, salaries, and other forms of compensation lost by the victim as a result of the injury, including future loss of income;
- All expenses related to the medical care, treatment, or rehabilitation services required as a result of the injury;
- The cost of repairing or replacing damaged property; and
- The cost of filing the claim in court.
These damages represent the economic losses that the victim and his or her family experienced as a result of the defendant’s actions. In Ohio, there is no limitation on the amount of damages that can be awarded based on economic loss. However, these are not the only types of damages that can be awarded in a wrongful death case, as a victim’s representative could also recover non-economic damages, which compensate the decedent’s family for intangible losses, such as:
- A loss of care and companionship;
- A loss of assistance, education, and training;
- Pain and suffering endured by the victim prior to his or her death; and
- Mental anguish suffered by the victim’s loved ones as a result of his or her death.
Get the Legal Representation You Deserve
To speak with an experienced Bowling Green wrongful death attorney who will go over your case with you, please call Lafferty, Gallagher & Scott, LLC at 419-241-5500 today.