Wrongful Death

Losing a loved one is devastating, but the pain can intensify if it happens due to someone else's negligence or wrongful act, such as medical malpractice, an automobile accident, criminal behavior or an occupational accident (exposure to asbestos or other hazardous substances).   Even though family members and friends have to accept the loss, they can file a wrongful death claim to recover damages suffered. But who can file such a claim in Ohio? This guide discusses the matter: The personal representative  The personal representative or executor of the decedent's estate can file a wrongful...

There’s often a very fine line between an incident that leads to severe injuries and one that leads to a wrongful death. For example, if someone causes a car accident, they have made the exact same mistake, whether or not someone in the other vehicle passes away. But outside factors could be what determine whether or not this actually happens. One such issue is simply the proximity to a hospital. For example, say that someone causes a car accident and the other driver suffers a wound that leads to blood loss. If this happened on a city street and the hospital was only a few minutes away, an...

Most adults in Ohio travel frequently in motor vehicles, which is one reason that crashes are a leading cause of injury and death in the Buckeye State. Unfortunately, the insurance requirements in Ohio aren't really high enough to protect those affected by collisions. Someone who can't drive their brand-new vehicle after a crash or who will miss weeks of work because of an injury will frequently need to consider taking the driver at fault for their collision to court. When a crash results in someone dying, insurance coverage is frequently insufficient. Many grieving families struggling to...

When someone that you love dies, your entire world may change in an instant. From the relationships you have with other family members to your daily responsibilities, everything will be different after you lose a member of your immediate family. An unexpected death often causes emotional upheaval in addition to financial stress. Your family may desire justice and may also need financial support. A wrongful death lawsuit in theory can provide you with both. You ask the civil courts to award you compensation from a business or an individual who caused your loved one's death through negligence...

Losing a loved one suddenly will completely change your life. You will have grief to process over your unexpected loss. The suddenness of a car crash or a death related to a defective product can make the grief even harder to handle. People may have left things unsaid that haunt them for years. They will likely struggle with denial, which is an early stage in the grieving process where the brain has a hard time acknowledging the sudden change. They may experience profound depression and struggle with taking care of themselves and their families. The grief they experience might also prevent...

Accidental death is a common cause of fatalities in Ohio. People die in household accidents, incidents on the job and also car crashes. All are examples of accidental death. However, just because a death is accidental doesn't mean it was unavoidable or that no one is responsible. When someone causes the death of another person through their actions or by default or neglect, the situation may be a case of wrongful death. In a wrongful death scenario, the representative of the decedent's estate brings a claim against the person or entity responsible for their loss of life. The family...

Losing a loved one is never easy, but when someone caused your loss, it can be even harder. Knowing that someone's actions or inaction directly resulted in the death of a loved one can hurt, especially if they don't face criminal charges for what they did. Wrongful death lawsuits are a way for family members to seek justice for their loved ones and also compensation for the impact of their loss on their lives. Under Ohio law, wrongful acts or criminal behavior can lead to a wrongful death claim, as can negligence or default (failure to act). The following three scenarios below are all...

When a serious accident occurs, there are a lot of factors that work together to determine if the injury will be fatal or not. Every person is unique and two people can suffer very similar injuries with different outcomes. One of the biggest issues, though, is just how fast medical assistance is rendered. All other things being equal, this can turn a car injury case into a fatality case. How location affects the speed of the assistance you get following a wreck This is one reason that rural roads tend to be more dangerous. There are others -- speed, seatbelt use, drunk driving, etc -- but...

There is nothing easy about losing a loved one unexpectedly. Your loved one's death is emotionally traumatic, but it also means that you lose out on their earning potential, such as the income and benefits they receive from their employer. You will also have to consider the costs your family incurred because of their death, ranging from funeral expenses to any medical costs they incurred.  People don't always realize, however, that they've also suffered the loss of society and services due to their loved one's death. These losses will impact your family's happiness, stability and finances...

People make mistakes every day, and most of the time, someone's negligence or bad behavior will have consequences only for that one person. Sadly, some decisions, like the decision to drive drunk, could ripple out and affect other people negatively. If you find yourself in a situation where someone else directly caused the death of a person you love, you may find yourself wondering if you have the right to take action and seek justice for your loss. Wrongful death claims are a way to compensate the surviving loved ones of a person who loses their life to the misbehavior or negligence of...