Losing a loved one because of another person’s negligent or wrongful conduct can leave you overwhelmed with anger and sadness. You may also face significant expenses for which you shouldn’t be responsible. In Ohio, one of your legal resources is to file a personal injury claim.
At Oliver Law Office, our Ohio wrongful death attorney team has provided trusted guidance and representation throughout Delaware County for decades. We know your emotional and financial stress, and we can help you navigate this difficult time. Contact us to learn how we can help you with your wrongful death case today.
Ohio defines wrongful death as a death that occurs because of someone else’s neglect, wrongful act, or default. A good way of looking at it is to consider whether your loved one would have been able to file a personal injury claim if they had survived the injuries. If the answer is yes, then it’s possible to file a wrongful death claim.
Most cases we represent involve some form of neglect, which refers to legal negligence. Negligence means that the person failed to exercise the level of care that a reasonable person would have exercised under similar circumstances.
To prove negligence, there are certain requirements our lawyers will work to meet. First, we must show that the person owed your loved one a duty of care they breached. For example, if your loved one was at your local grocery store, slipped on a wet floor, and suffered traumatic brain injuries that sent them to Grady Memorial Hospital, the store’s owner or manager could be liable.
They owe your loved one and other guests the right to be safe while shopping. The owner breached that responsibility by not putting up a warning of “wet floors” or taking steps to resolve the problem.
The next requirement in proving negligence includes demonstrating that the defendant’s actions led to your loved one’s death. This means that we would then demonstrate the slip and fall accident caused the traumatic brain injuries that resulted in the death.
In many states, family members like spouses and children can file a claim, but that’s not true in Ohio. In Ohio, only the deceased’s representative can file. Usually, this is a person named in a will as the executor. If your loved one didn’t have a will or didn’t assign a representative, the court can appoint one.
However, those who receive the damages from the claim are close family members, including the surviving spouse, children, and parents. There may be exceptions to who can receive damages, so it’s essential to speak with our Delaware wrongful death lawyers before proceeding with a claim.
The statute of limitations for wrongful death claims in Ohio is two years from the moment the death occurs. Keep in mind that you don’t want to wait before filing a claim. The sooner you begin, the better the chances of having viable evidence and testimonies.
Many accident types can lead to wrongful deaths, though traffic accidents tend to be the most common. In 2022, there were 1,099 fatalities in collisions throughout Ohio. Factors like distracted driving or speeding can result in catastrophic injuries.
Falls are another common cause of wrongful deaths. Most of these occur at construction sites and warehouses, where employees work at significant heights and sometimes without the proper safety equipment. Slip and fall accidents can happen anywhere, including retail stores, hospitals, and government buildings.
Medical malpractice can result in wrongful deaths, too. Misdiagnosing a patient, giving the wrong medications, or being negligent during surgical procedures puts lives in danger.
Defective products are a concern as well. Medications that have deadly side effects or items that can explode or stop working at critical moments, like auto parts, can all cause wrongful deaths.
As straightforward as you may think the claim is, it’s never a good idea to file one on your own. These are complex cases; you can expect the defendant to have representation who will try to pin the blame on your loved one.
If you’re dealing with grief, facing legal issues can be even more of a challenge. When you have our team of lawyers on your side, you can focus on healing from your loss while we gather the necessary evidence to demonstrate that the defendant is responsible.
One of the benefits that you have when working with our team is that we have contacts among industry professionals of all types who can provide testimony to clarify what occurred. For example, if a car accident was the cause of your loved one’s death, we can bring in accident reconstruction professionals to offer evidence.
We also have years of experience negotiating with insurance companies. Insurers have one goal in mind: to pay you as little as they can. This means that they could try to pressure you into dropping the claim or accepting a low offer. But we know your rights, and we fight aggressively to defend them.
If negotiations aren’t effective, we can also take your case to court. With years of litigation experience, we can advocate effectively on your behalf.
Crucially, we also offer support. You may feel overwhelmed and alone with everything you’ve lost and unsure how to proceed. We know what you’re going through and will do everything possible to ensure you feel supported every step of the way.
Filing a wrongful death claim allows you to claim economic and non-economic damages. Economic damages help compensate you for financial losses you suffered as a result of your loved one’s death. These can include medical expenses for any care they received right after the accident, as well as funerary expenses.
If your loved one provided services in your household, like childcare, you can also be compensated for the value of these services. If they financially supported you, you can claim the loss of this earning capacity.
Non-economic damages can be more difficult to calculate because they cover losses that aren’t financial. These include pain and suffering and loss of companionship. We can accurately determine the non-economic damages you are entitled to.
Each wrongful death claim is unique, meaning you need experienced lawyers to help you understand what you can claim and what to expect from the process. At Oliver Law Office, our dedicated wrongful death lawyers provide the guidance you need to make the right decisions for your particular case.
If you’ve lost a loved one because of someone else’s negligent or wrongful actions in Delaware, you may have the right to seek compensation. Our skilled personal injury lawyers are committed to providing the support our clients need through the most challenging times of their lives.
Because we know you could be struggling financially as a result of the accident in which your loved one died, we work on a contingency fee basis. If we don’t win your claim, we don’t get paid. We even offer free consultations so that anyone who needs representation can get the legal assistance they deserve.
Don’t wait to begin your wrongful death claim. Contact our women-led team of Delaware personal injury lawyers to get started today.
