MANSFIELD’S INJURY LAWYER

Wrongful Death

What your family situation means for wrongful death claims

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...

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3 situations that could lead to wrongful death lawsuits

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...

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Following a car accident, the speed of your medical assistance can dictate your outcome

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...

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Loss of services, support and society in wrongful death claims

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...

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Who can file a wrongful death lawsuit in Ohio?

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...

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Can you claim for wrongful death due to prescription drug errors?

Your dad always warned you about the dangers of drugs. “Drugs kill,” he said. He didn’t mean those drugs, though, not the ones that were supposed to help him. Unless you went to medical school, you are probably not an expert on what each drug can and cannot do, and what dosage you need. That is why you visit a doctor or a pharmacist when you need medicine. When someone prescribes drugs these are some things they need to consider: Patient history: Just because a drug worked for your Uncle John, does not mean it was correct for your dad. Everyone is different. Dosage varies depending on weight...

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Wrongful death and prescription drugs: What you should know

Prescription drug abuse and misuse is a big problem. You only have to watch the news to realize that there's a national concern among government officials, medical professionals and individual communities about the epidemic of prescription drug addictions and deaths that they're seeing. Who is responsible when someone dies of a prescription drug overdose? Under the law, the answer is not very simple. Here are some possibilities: The drug manufacturer Product liability laws may be able to hold drug companies liable for some overdose deaths -- particularly when there's credible information...

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Ohio family sues state over wrongful death at convict’s hands

The murder of an Ohio State psychology major at the hands of a previously convicted sex offender and the subsequent trial captured the attention of most of the state in 2017. Now, the young woman's parents have initiated a lawsuit for her wrongful death. They say the state failed to correctly monitor the man convicted of her death while he was in a pre-release residential facility after his previous conviction for attempted rape. The man who kidnapped the young student as she headed home from work, then raped and killed her, had recently gained release from prison after serving six years for...

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Injuries and deaths on road crews

A lot of people say that the first sign of spring is not the robin -- it's road construction. A lot of road crews kick into high gear as soon as the bad weather starts to lift. Unfortunately, drivers are often unprepared for the sudden interruptions in their routes. The workers on the road crews may also be a little unprepared to face the hazards of their profession after a winter break. Both of those factors can lead to serious, even fatal, accidents. If your loved one is injured or killed while working on a road crew, you should be asking the following questions: Did he or she have the...

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Aviation accidents: Answers to top legal questions

Aviation accidents often make big news because they're relatively rare but almost always involve a tremendous loss of life. Because they're uncommon, many people don't know much about their legal rights after an aviation accident has claimed the life of their loved ones. If you've experienced this kind of heartbreaking loss, here are the answers to some of the most important questions you may have. Can you sue over the death of a loved one in an aviation accident? Quite often, yes. There will be a thorough investigation into the accident by the authorities to try to determine the cause of...

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