A workplace accident, surgery gone wrong, or car wreck can sometimes lead to wrongful death. Losing a family member to this kind of passing can be particularly heartbreaking. Although nothing you do can bring back your loved one, if they lost their life because of someone’s negligence, you can seek fair compensation if you are a survivor. If you are unsure whether your wrongful death claim is legitimate, a qualified wrongful death lawyer can advise you.
Wrongful death lawsuits come with their own complexities, restrictions, and deadlines. Dealing with the unexpected loss and navigating the legal system can be too much for most people to handle on their own. This is when a seasoned wrongful death attorney can be helpful. Assuming the death qualifies as wrongful according to the state of Ohio, your lawyer can work with you to present a claim as valid in the eyes of the law.
Requirements for Filing a Wrongful Death Claim
Perhaps the most important consideration is understanding what constitutes a wrongful death. According to Ohio state law, wrongful death happens because of another party or person’s unlawful act, neglect, or default. Like other personal injury cases, the survivor needs to establish that the other party is at fault to have a legitimate claim. Also, had the deceased survived the incident, state law permits the claim if they would have been entitled to remuneration from the liable party.
In the case of a car accident, the liable individual does not need to have insurance for you to file a lawsuit. You can still pursue damages and compensation. The family can also file a claim on the uninsured motorist coverage if included in the policy.
Another question you might have involves who is eligible to seek compensation. According to Ohio statutory law, the spouse and children are typically entitled. With no spouse or children, the victim’s parents and siblings would be next in line to receive remuneration.
What if the victim died instantly and did not suffer? In the wake of a wrongful death, suffering still occurs, and it inflicts the family left behind. Their pain will likely be ongoing and life-changing. Also, compensation can go toward debts or unpaid bills. For these and other reasons, no award cap exists in a wrongful death case.
Also, your attorney should let you know about the statute of limitations regarding wrongful deaths. In Ohio, families have two years after the date of the person’s death to file a claim. While this might seem like a lot of time, survivors should begin the legal process as soon as possible and speak to an attorney before this statute expires.
What Goes into the Calculation of Damages?
If a wrongful death claim does not settle and goes to court, a jury typically determines the amount of compensation. Several factors go into the calculation, the most significant being the financial loss to the surviving spouse or family. This part of the payment is especially important if the victim was the sole provider for the household. Cost also includes the loss of comfort and companionship that the deceased would otherwise provide.
When a death occurs because of someone else’s negligence, the amount of loss can be financial as well as emotional. An experienced lawyer in Cincinnati specializing in wrongful death claims will be interested in your story. They will approach your case with compassion and patience. They are also committed to representing your best interests, getting you the largest compensation possible, and helping you heal emotionally.