The death of a family member is a traumatic experience for anyone. When a loved one dies due to someone else’s negligence or intentional actions, it is not uncommon for the family’s grief to turn to anger. Depending on the circumstances of the person’s death, you could have the right to bring a wrongful death lawsuit against all responsible parties. However, dealing with the at-fault party’s insurance company when you have lost a loved one can bring additional stress. This is especially true when the insurance company is trying to minimize your grief by trying to undervalue your losses and the death of your family member.
If you need assistance pursuing a wrongful death claim in Ohio, you need to speak to the Maumee wrongful death lawyers at Lafferty, Gallagher & Scott, LLC as soon as possible. Our legal team has years of experience protecting our clients’ rights and helping them get the compensation they deserve after a family member was killed by someone else. Our attorneys understand what a difficult time this is for you and your family. Our goal is to help reduce your stress and help you get some financial relief during this tragic time. While no amount of compensation will bring your family member back, we will at least help you hold the responsible party accountable and receive the maximum compensation possible.
Under Ohio law, the estate’s personal representative is the one who files the wrongful death lawsuit. Although the representative is the one who files, it does not mean they are the one who gets the compensation. Any eligible beneficiaries of the deceased are the ones who have the right to receive proceeds from a settlement or a jury award. Ohio recognizes surviving spouses, surviving children, and even parents in some situations.
Before you can receive compensation for your wrongful death claim, you need to show the other party was responsible. This process is how you would prove liability in almost every other type of personal injury claim as well. To successfully prove liability, you need to show the defendant owed the deceased some type of duty, that the defendant breached this duty, and that the breach of duty was the proximate cause of your loved one’s death.
Proving liability in a wrongful death case can be complicated, mainly because the deceased cannot confirm the facts of what happened. That is one reason why you want to hire experienced Maumee wrongful death lawyers.
A wrongful death claim is meant to compensate surviving family members for their pain and suffering and other losses. This cause of action does not address the deceased’s pain and suffering. Potential damages in a wrongful death claim include:
Ohio law does not cap the amount of damages you can ask for in a wrongful death claim, unlike other places.
If you need assistance with a wrongful death claim in Ohio, contact the Maumee wrongful death lawyers at Lafferty, Gallagher & Scott, LLC today.
All of our partners are AV Peer Review Rated* through Martindale-Hubbell. Out-of-state referrals are welcome for all
areas of practice we handle, including personal injury, workers’ compensation and insurance claims issues.