Wrongfull Death Lawyer in Mentor, OH
REPRESENTING FAMILIES WHO LOST A LOVED ONE DUE TO SOMEONE ELSE’S NEGLIGENCE
If you have prematurely lost a close family member who was killed due to another person’s negligence or recklessness, you may be able to file a wrongful death claim on behalf of your loved one. The Piscitelli Law Firm will explain how wrongful death claims work in Ohio and the steps you can take to hold the at-fault party financially liable for your losses. If you need answers about your specific case, contact the Piscitelli Law Firm.
WHAT CONSTITUTES A WRONGFUL DEATH CASE IN OHIO?
In Ohio, a wrongful death is considered to be one that occurs as a result of another party’s “wrongful act, neglect, or default,” as stated by the Ohio Revised Code Ch. 2125. In other words, a wrongful death is somewhat similar to a personal injury case in which another individual’s actions cause the plaintiff to sustain injuries and damages. This could happen due to the other party’s negligent actions, gross negligence, or even as a result of a criminal act, such as assault (referred to as a wrongful act).
However, in a wrongful death case, the plaintiff’s injuries were so severe that the plaintiff did not survive. Ohio laws state that if the victim had survived their injuries and would have been able to seek damages compensation, then the victim’s family may have a valid wrongful death action and be eligible to seek compensation for damages.
WHAT KIND OF DAMAGES CAN YOU RECEIVE FROM A WRONGFUL DEATH CLAIM?
In the Buckeye State, wrongful death plaintiffs may be entitled to receive compensation for a variety of losses. In addition to standard financial losses such as medical bills, final expenses, and lost wages, families may also be able to seek recovery for loss of future income. Loss of future income takes into consideration the amount of financial support the decedent would have provided to the family if they had lived.
In addition, family members may also recover compensation for the amount the decedent would have contributed to the household and childcare expenses, as well as for the reduction in the value of the decedent’s inheritance caused by their premature death. A wrongful death claim may also result in payment of non-economic damages, which are also an important component of the case as family members of the decedent are grieving their loss and thus are experiencing loss of companionship, emotional pain, and mental anguish caused by the loss of their loved one.
WHO CAN INITIATE A WRONGFUL DEATH CLAIM IN OHIO?
In many states, the parties who sustained the damages resulting from the wrongful death of their loved one (such as the decedent’s spouse, children, or close relatives) are usually the parties who are eligible to initiate a wrongful death claim. However, the state of Ohio has very specific rules restricting who may file a wrongful death claim.
According to Ohio laws, only the personal representative of the decedent’s estate is eligible to initiate a wrongful death claim. The personal representative (sometimes called the executor) is the person appointed by the court or designated in the decedent’s last will to handle the affairs of the decedent’s estate and conduct the estate administration process. If the wrongful death action is successful, the personal representative may divide the award among family members in accordance with Ohio’s intestate laws. If you are not sure about whether you are eligible to receive damages compensation for your loved one’s wrongful death, you may want to speak to an attorney to get answers specific to your case.
IS THERE A TIME LIMIT TO FILE A WRONGFUL DEATH CASE?
A wrongful death case is considered a civil action, much like a personal injury claim, and thus, it is subject to Ohio’s statute of limitations. A statute of limitations is much like a legal deadline that limits how much time can pass before you are no longer able to file a lawsuit to recover compensation for your losses. The state of Ohio has a statute of limitations of two years for wrongful death claims.
In other words, the personal representative of the decedent’s estate has not more than two years to file a claim, counting from the date when the person passed away. If you wait too long to take action, the claim may be barred because the statute of limitations has expired. It is important to speak to a wrongful death attorney as soon as possible in order to avoid the risk of letting the statute of limitations expire for your claim and maintain your ability to seek compensation on behalf of your loved one.
WHY HIRE A WRONGFUL DEATH ATTORNEY FOR MY CASE?
If you have lost a loved one prematurely due to someone else’s negligence or wrongful act, you are probably going through a lot. Grieving the loss of your family member is hard enough, and dealing with red tape and insurance claims is the last thing you should have to do during this difficult time in your life.
At the Piscitelli Law Firm, we understand what you are going through, and we are here to help. You can put our years of experience and knowledge to work on your behalf – we have assisted countless clients in the Mentor, OH, area to win their wrongful death actions and get justice on behalf of their deceased loved one, and we are ready to do the same for you. We can handle all aspects of your case for you and help you get the compensation you deserve. Contact us today for an initial consultation to discuss your case.
