Losing a loved one suddenly is a devastating experience. When your family member’s death is the result of someone else’s negligent or reckless behavior, it is understandable that your grief may turn to anger. Depending on the circumstances, you may have the right to bring a wrongful death claim against the responsible party. However, no one wants to deal with the at-fault party’s insurance company when you are grieving. It can be especially frustrating as the insurance company minimizes your pain and the value of your loved one’s life. If you need assistance, let our wrongful death lawyers in Toledo help.
At Lafferty, Gallagher & Scott, LLC, we have years of experience helping clients recover compensation after their family member was killed by someone acting negligently, recklessly, or even intentionally. We understand what a difficult time this is for you and your family. We want to reduce your stress by handling all the legal aspects of your wrongful death claim. While no amount of money will bring your loved one back, our goal is to help you recover the maximum compensation possible.
In Ohio, the estate’s personal representative is the one who has to file the wrongful death lawsuit with the court. However, eligible beneficiaries of the deceased will be the ones who receive any settlement or jury award proceeds. Eligible beneficiaries can include a surviving spouse, children, and even parents in some cases.
To pursue a wrongful death claim, you have to show the other party was responsible. This is the same process as proving liability in an auto accident or other personal injury claim. You must show that the defendant owed the deceased some type of duty, they breached that duty, and the breach of that duty is what led to your family member’s death.
Proving liability is not necessarily easy in a wrongful death claim, especially as the deceased is not present to share their version of events. That is why you need skilled wrongful death attorneys in Toledo who can help.
Wrongful death claims are meant to compensate the surviving family members for their losses and pain and suffering. This case does not address the decedent’s pain and suffering and emotional distress. Damages available in a wrongful death lawsuit can include:
Unlike some other states, Ohio does not cap the number of damages awarded in a wrongful death claim. Some states cap the amount of non-compensatory damages you can receive in certain types of cases, for example.
If you need assistance pursuing a wrongful death claim in Ohio, let us ensure your family’s rights are protected. Contact Lafferty, Gallagher & Scott, LLC today to schedule an initial consultation.
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.