Wrongful Death
Ohio Wrongful Death Lawyers
The death of a loved one causes heartache and emotional turmoil for the surviving family. When death is sudden and unexpected, the grief can be incapacitating and can create lasting emotional scars.
Often, family members are too grief stricken to deal with the legal issues that accompany a wrongful death claim. 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 a good wrongful death lawyer to take immediate action.
What Qualifies For An Ohio Wrongful Death Lawsuit?
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 a wrongful death lawsuit 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.
Wrongful death claims can result from many different types of misconduct, including:
Clark, Perdue & List Cares About Your Family
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 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 too grief stricken to deal with the legal issues that accompany a wrongful death claim. 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 a good wrongful death lawyer to take immediate action.
Clark Perdue has handled hundreds of wrongful death cases. We can help deal with insurance claims, medical bills and investigators. We know what you’re going through, and we can help lift some of the burden off your shoulders. We handle the details, so you can focus on your family.
Clients we have represented include:
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 Ohio wrongful death 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 other 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. As Eddy’s Ohio wrongful death attorney, 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 Ohio wrongful death lawsuit resulted in a substantial settlement for the family.
Fault
Even if the victim is partially at fault, the family 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 an Ohio wrongful death attorney to represent you, be sure to ask how much and what kinds of experience they have in handling Ohio accidental death lawsuits. See a list of other questions you should ask before hiring a wrongful death lawyer.
Wrongful Death 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. The victim’s family may also be entitled to recover damages for:
- Funeral and burial expenses
- Hospital and medical expenses
- Mental anguish
- Loss of companionship, care, advice, guidance and counsel caused by the death of a loved one
Clark, Perdue & List
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