Knowledgeable and caring attorneys fighting for you
The loss of your loved one due to a sudden or unexpected death is a difficult and emotional experience that can shock and anger your family and create anxiety about the future. If your loved one dies suddenly or unexpectedly because of a wrongful act, neglect or default of another, you may be entitled to damages under Ohio’s wrongful death statute. At Clements, Taylor, Butkovich & Cohen, L.P.A., Co., we are here to help you through this difficult time.
What is wrongful death?
We understand the wrongful death law and examine your legal rights based on the unfortunate passing of a loved one. Many situations of carelessness and negligence can give rise to wrongful death claims. Among the most common are:
The law in Ohio permits certain relatives to recover damages if their loved one would have been able to recover damages had they not died.
The Ohio Revised Code Chapter 2125 provides in part:
“When the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued, the person who would have been liable if death had not ensued…shall be liable to an action for damages.”
What is the time frame for filing a claim?
A wrongful death claim in Ohio must be filed within two years from the date of your loved one’s death. It is best to consult with an attorney as soon as possible after your loved one’s passing in order to plan for your family’s needs and consider the best course of action when a sudden or unexpected death occurs.
Who can collect in a wrongful death case?
The “personal representative” of the decedent for the benefit of the surviving spouse, children and parents can file a wrongful death lawsuit. The personal representative is your loved one’s executor, if his or her will names an executor. If there is no executor, the probate court will appoint an administrator who acts as the personal representative.
If your loved one dies in a car accident, motorcycle accident, truck accident or other unfortunate event, you may be entitled to damages as the surviving spouse, child or parent under Ohio’s wrongful death statute. At Clements, Taylor, Butkovich & Cohen, L.P.A., Co., our wrongful death attorneys are here to help you through this difficult time.
Your compensatory damages can include recovery for:
- Loss of support from the reasonably expected earning capacity of the decedent
- Loss of services of the decedent
- Loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training and education
- Loss of prospective inheritance to the heirs of your loved one
- Mental anguish
Contact one of our compassionate attorneys in Cincinnati, OH
You can have peace of mind by placing your claim in the hands of our trustworthy and dedicated workers compensation attorneys at Clements, Taylor, Butkovich & Cohen, L.P.A., Co. We handle your claim, so you can spend your energy recovering. For a confidential consultation to discuss the details of your case call us in Cincinnati at 513.721.6500 or contact us online.