Wrongful Death Lawyers
CATASTROPHIC INJURY/ACCIDENTAL DEATH
When you suffer a catastrophic personal injury, or
when a loved one is seriously injured or killed, your life is thrown into
chaos. In the midst of the crisis, it is often difficult to focus on anything
but the accident, injury or loss.
When a person is killed as a result of the
negligence or fault of another, there is a claim for "Wrongful Death."
In Ohio, a
claim for wrongful death must be brought by the "personal representative" of
the decedent. That is the
"executor" or "administrator" of the decedent's estate. This personal representative is the
only person authorized to bring a wrongful death claim, and this person brings
the claim upon behalf of the spouse, children or other next of kin. Other next of kin include parents,
siblings and even grandparents.
The death of a loved one causes heartache and emotional
turmoil for the surviving family members. When the death is sudden and unexpected, the grief can actually be
incapacitating and can create lasting emotional scars. It is important that the attorney and
staff understand these issues and be prepared to help family members obtain
appropriate counseling if necessary.
Many times family members are so stricken with grief that
they do not think about legal issues or the necessity to hold the wrongdoer
accountable. However, if there is
a surviving spouse or young children, legal action against the at-fault party
may be necessary to provide for their financial well being in the future. Therefore, some responsible family
member must assume the burden of finding good wrongful death lawyers to take
immediate action.
Clark Perdue has
handled hundreds of accidental death and catastrophic injury cases. We can help
you protect your legal rights, and help with the insurance claims, medical
bills, and investigators that you may feel too overwhelmed to deal with
yourself. We know what you're going through and can help lift some of the
burden from your shoulders. We handle the details, so you can focus on
recovery.
Questions You Should Ask
An Attorney
What to Do Following Accidental
Injury or Death
Case Examples
Accidental
injury and death can result from many types of incidents, ranging from
pedestrian accidents to unsafe work environments.
- When a shopping mall, hotel, apartment complex
or other commercial establishment fails to provide adequate security,
personal injury or death can result.
- Injury and death can also occur when a
business fails to keep its premises in safe condition for customers. These
are known as "premises liability" cases.
- In the workplace, personal injury and death
can be caused by an employer's callous disregard for safety.
Clients we have represented include:
- We represented an honors high school student
who was killed when a sheriff's cruiser hit the driver's education car in which
the boy was riding with his teacher. The sheriff's deputy was traveling
over 100 mph when he struck the driver's education car. The deputy was on
his way to a burglary, which was not life threatening and to which other
law enforcement officials were responding. We claimed that the deputy was
acting recklessly and with a willful and wanton disregard for the safety
of others. After a lengthy lawsuit, we obtained a fair and substantial
settlement for the family.
- Eddy was a developmentally disabled young man
who lived in a temporary care facility. Eddy required help with daily
activities-bathing, dressing, eating, and many others-activities that most
of us take for granted. The facility staff left Eddy unattended during a
meal, and he choked to death on his food. We sued the owners and operators
of the respite facility. The lawsuit resulted in a substantial settlement
for the family.
- Shirley died when a drunk driver went off the
road, drove through her yard, and struck her house. The impact caused the
roof of Shirley's house to collapse, resulting in her death. We sued the
drunk driver, as well as an insurance company that provided insurance
coverage to Shirley and her family. The lawsuit resulted in a substantial
settlement for the family.
Fault
Even if the
victim is partially at fault, he or she may still be entitled to recover a
portion of their damages. Under Ohio's law of comparative fault, if more than
one person causes an accident, the fault is shared by the parties. When
interviewing attorneys to represent you, be sure to ask how much and what kinds
of experience they have in handling catastrophic injury and wrongful death
cases. For a list of other questions you should ask before hiring a
lawyer, click
here.
Damages
If the decedent is survived by a spouse or
dependent children, there is a claim for the economic support that the decedent
would have provided to those family members during his or her lifetime.
A victim and
the victim's family may be entitled to recover damages for: hospital and
medical expenses; past and future lost earnings; past and future permanent
physical disability, such as a limp, scars, loss of a limb; emotional distress,
such as depression and anxiety; grief and emotional suffering caused by the
death of a loved one; loss of love and companionship caused by the death of a
loved one; damage or destruction of property; physical pain and suffering; loss
of enjoyment of life.
Clark Perdue
Clark Perdue has extensive experience
handling catastrophic injury or wrongful death claims. If requested, we will
meet you—in your home or at the hospital, if necessary—to explain
your legal rights and make suggestions for immediate action on your claim.
