Many people who find themselves involved in an accident are able to walk away. They might suffer some injuries that require some medical attention, but, after a few weeks, everything is back to normal.
But not all accidents simply result in minor inconveniences. Wrongful death lawsuits for Ohio families deal with the sudden and unexpected loss of a loved one as a result of a motor vehicle accident or another catastrophic event.
We know the pain and sadness that accompany such traumatic events. At the law firm of Ross, Midian & Breitmayer, LLC, our skilled Ohio wrongful death lawyers will handle your case with care, compassion, and understanding. We know the impact that this loss has had on you and your entire family, and we will be aggressive as we seek compensation from those who caused it.
Ohio Wrongful Death Law: An Overview
If your loved one was killed in an accident or died due to their injuries, you may be wondering if you even have a case. According to the Ohio wrongful death statute, a death is considered “wrongful” when it was caused by the negligent or wrongful actions or inactions of another person, company, or entity.
In other words, if your loved one’s death could have and should have been prevented, you likely have the right in Ohio to wrongful death damages.
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Who Can File a Claim With an Ohio Wrongful Death Attorney?
State law governs who may bring a claim for wrongful death in Ohio. Generally speaking, the following individuals are permitted to file a wrongful death lawsuit:
- The deceased’s surviving spouse
- The child or adopted child of the deceased
- The surviving parent(s) of the deceased
These individuals are automatically presumed to have suffered a loss due to the death, but others not listed here may also bring a claim if they can prove that they, too, suffered a loss as a result of the death. An Ohio wrongful death attorney can help you build a strong case.
What Ohio Wrongful Death Damages Can Be Recovered?
Ohio wrongful death lawsuits are civil claims, meaning they are entirely separate from any criminal proceedings that may occur. A civil suit does not result in criminal penalties against the person/party who caused the death but, rather, allows the affected parties to recover compensation for specific damages.
These damages may include:
- Medical expenses associated with the deceased’s final treatment
- Burial/funeral expenses
- Loss of love, companionship, and support
- Loss of financial support/income
- The value of household services provided by the deceased
- Loss of consortium
How Long Do I Have to File a Wrongful Death Lawsuit in Ohio?
If you lost a loved one due to another person’s negligence, you will need to act quickly to recover the financial restitution you and your family have the right to.
The statute of limitations on wrongful death lawsuits in Ohio, meaning the amount of time you have to file your claim, is two years from the date of death, according to ORC § 2125.02. There are very few exceptions to this timeline; in most cases, if you fail to bring your claim within two years, you will be barred from recovering any Ohio wrongful death damages.
Ohio Wrongful Death Attorneys to Provide Guidance Throughout Your Case
When it comes to Ohio wrongful death lawsuits, there are many different items that need to be examined to know exactly what sort of compensation may be available. Our talented team will carefully review the facts of the accident, as well as your family situation, to determine the full value of your case.
Without having one of our experienced Ohio wrongful death attorneys on your team, you may be in a position to get taken advantage of during a difficult time. Insurance companies are not going to look out for you; in fact, they routinely make offers that are far from adequate in these cases. They assume that this loss has left you in a very challenging place financially, and that you will settle quickly because you need the money.
At Ross, Midian & Breitmayer, LLC, we will not let you be bullied into taking an inadequate Ohio wrongful death settlement. We will give you a fair and honest review of your case, and tell you what our wrongful death attorneys in Ohio can do to help you fight for the justice and full, fair compensation you and your family deserve. When insurers refuse to cover for your needs, we are ready to go to court.