The death of a loved one is traumatic under any circumstances, but when that loss comes as a result of someone else’s actions, it can be devastating. Such a loss may also leave your family with significant financial challenges, especially if your loved one provided most of the income for your household.
At Oliver Law Office, our women-led group of wrongful death attorneys can help you seek justice by filing a compensation claim. While money can’t bring your loved one back, this compensation can help your family navigate the future and mitigate the far-reaching effects of your loss.
Our Gahanna wrongful death lawyers have decades of experience helping the people of Franklin County protect their rights and futures, and we can help you, too. Contact us to schedule a consultation and learn more about your legal options today.
A wrongful death occurs when another person’s negligent conduct causes a fatality. You can consider it a personal injury claim in which the victim can’t advocate for themselves. If your loved one would have been able to file a claim to recover damages had they survived the accident, then it’s possible to file a wrongful death claim.
One of the most crucial things to know about wrongful death claims in Ohio is that family members aren’t the ones who can file them unless they’re the deceased’s estate representatives. That’s different from many other states, where relatives can file on their loved one’s behalf.
The estate’s representative is usually named in the deceased person’s will, but what happens if they don’t have a will? In those instances, Franklin County Probate Court appoints a representative.
Despite a representative filing the claim, close family members usually receive damages through settlements or jury awards. This means surviving spouses, parents, or children.
Wrongful death claims also have a statute of limitations that you must be aware of. In most cases, you have two years from the moment of your loved one’s death to file a claim, but there are circumstances in which you may have less time than that. Hiring our team as soon as possible can ensure that you don’t miss the deadline.
Most wrongful death claims will require that you prove the defendant was negligent. To do so, you need to meet specific requirements.
First, you must demonstrate that the defendant owed your loved one a duty of care. A healthcare provider, for example, must offer responsible treatment to all of their patients. At the same time, a driver owes everyone else on the road a duty to operate their vehicle safely and lawfully.
Once you’ve established a duty of care existed, you have to show how the defendant breached it. In the healthcare provider example, a breach would be any error they committed that another competent healthcare professional would not have made. For a driver, a breach would be breaking the law in any way, such as driving while distracted or speeding.
The next step is to demonstrate that the breach led to your loved one’s death. Getting the wrong medical care or being misdiagnosed can all result in death, as can having an accident with a distracted driver.
In some instances, however, you don’t have to prove negligence. Instead, you can rely on strict liability doctrine. Strict liability applies to dog bite and defective product cases. You only have to show that the dog bit your loved one or that a product was defective and led to their death.
Even though strict liability can be a more straightforward doctrine to prove, it can still present challenges. For instance, in defective products, you must show that the product didn’t work as it should have. That often requires hiring professionals, including engineers and scientists, to offer their testimony.
To prove your loved one’s death was wrongful, it is essential to turn to the Gahanna wrongful death lawyers at Oliver Law Office.
When you’re already dealing with the grief of losing a loved one, filing a legal claim can seem overwhelming. You may delay the process until you’ve gone through the worst of the mourning without realizing that you’re risking your chances of getting fair compensation.
The longer you wait to file a claim, the more difficult it can be to get valid evidence and testimonies. You may also think you have two years to bring the claim forward, but that’s not always true. For example, holding a government entity liable means you have significantly less time to file.
When you hire our team of lawyers, you don’t have to juggle your mourning period with filing a claim. We handle your claim for you, keeping track of the paperwork and the process of gathering evidence while ensuring that you don’t miss any deadlines.
Additionally, negotiating with insurance companies can be complicated. They’re ready to do everything possible to keep from paying you what you deserve. Common tactics include making low offers and pressuring you to accept them or even drop the claim.
However, with our team by your side, you don’t have to worry about handling the negotiations yourself. We have experience dealing with insurers and getting fair compensation for our clients, no matter the tactics they try.
If the insurer isn’t negotiating in good faith, we can file a lawsuit and take your claim to court. Many times, the mere threat of doing so can get insurers to make better offers.
After a loved one’s wrongful death in Ohio, you can claim both economic and non-economic damages. Economic damages compensate you for financial losses you suffered because of the defendant’s negligent or wrongful conduct.
For example, if your loved one received medical care before their death, you could be struggling with medical bills. Economic damages can cover these expenses. The same principle applies if your loved one was very ill before their death and you missed work to care for them. You could claim lost wages to cover the salaries, bonuses, and commissions you would have received.
Funerary expenses can be crippling, especially if you choose to bury your loved one. Economic damages can cover these costs, as well. If your loved one provided essential services for your household, including childcare, you can also get compensated for the value of these services.
Non-economic damages, on the other hand, compensate you for losses that aren’t financial. Pain and suffering are non-economic losses, as are the loss of companionship and support.
Because each wrongful death claim is unique, it’s vital that you schedule a consultation with our team of Gahanna personal injury lawyers to learn more about what you can expect from the process.
If you’ve lost a loved one because of someone else’s negligent actions in Gahanna, one of the options you may have is to file a wrongful death claim. These claims allow you to get compensation for your losses and help bring closure to what you’ve gone through.
At Oliver Law Office, our skilled team of wrongful death attorneys can protect your rights and support you through this difficult time. Don’t wait to seek the justice your family
