The sudden loss of a loved one is a terrible experience and often comes with significant financial consequences, such as expensive medical bills and loss of income.
When a negligent driver causes a fatal car crash on State Route 13 or SR 79 in Newark, Ohio, is there anything the surviving family members can do? What about a fatal accident caused by a shop owner who didn’t repair a dangerous hazard or a wrongful death caused by criminal behavior?
Of course, there is nothing the family can do to bring their loved one back, but there is still something they can do to seek justice for what happened. They can file a wrongful death claim and hold the person who caused it accountable for their actions.
Our office in Columbus is just a quarter of an hour from Newark, Ohio, by car, but we’re also happy to do a video call or drive out to meet you at your home. Founding attorney Jami S. Oliver was named Lawyer of the Year for Columbus, Ohio, in 2024. Contact Oliver Law Office today for your free consultation.
Under Ohio law, a wrongful death is a death that was caused by a wrongful act or by neglect or default. Wrongful death cases are similar to personal injury cases, as they both involve injuries caused by negligence, inaction, or criminal behavior. The difference is that in a wrongful death case, the injured person did not survive. They would have had grounds to file a personal injury lawsuit if they had survived.
Wrongful deaths can occur in many different ways, including:
Car accidents
Defective product accidents
Slip-and-fall accidents
Workplace accidents
Medical malpractice incidents
Criminal acts
Whoever is responsible for the wrongful death is liable for losses the victim’s surviving family members incurred. The compensation for these losses includes the loss of income that the family suffers when a breadwinner dies, including current income and the income they would have earned in the future if they had lived.
The compensation should also cover the cost of any medical care the deceased received before they died and the cost of the funeral and related expenses. The family can also be compensated for mental anguish, loss of consortium, loss of companionship, and loss of counsel or advice.
In Ohio, the executor of the deceased’s estate is called the estate’s personal representative. The personal representative has several legal responsibilities, including:
Overseeing the reading of the will
Dividing the assets of the estate and distributing them to the beneficiaries
Filing any wrongful death case on behalf of the deceased
Only the personal representative or their attorney may file a wrongful death case. However, the case must benefit the immediate family of the deceased, such as:
Spouse
Children
Parents
Other close family members
To qualify for compensation, other family members must prove that they suffered compensable losses. For instance, a cousin who was also a dependent or who received guidance and care from the deceased could potentially receive compensation as well.
If you’re a spouse or other family member of the deceased, talk to the estate’s personal representative about filing a wrongful death claim. If they agree, they can contact an Ohio wrongful death lawyer on behalf of the family.
There is a time limit for filing a wrongful death case in Ohio. According to the statute of limitations, you have two years from your loved one’s death to file a wrongful death lawsuit. If you file after the deadline passes, your case will be dismissed.
This time limit is the same as in a personal injury case, except that the two years begin with the death rather than the injury. If your loved one survived the injury for a time but then passed away, then the countdown doesn’t begin until their death.
The statute of limitations is one reason you contact a wrongful death attorney. There are a lot of things your lawyer needs to do before filing a wrongful death case, and you want to leave them enough time to work.
A wrongful death lawyer can help with all the tasks you may find too stressful and overwhelming while grieving the loss of a loved one, such as:
Investigating the incident in which your loved one died
Requesting medical records and police reports
Interviewing eyewitnesses
Calculating your losses and composing a demand letter
Demanding compensation from the at-fault party or their insurance company
Negotiating for a fair and complete settlement
Filing a wrongful death lawsuit if a settlement cannot be reached
Representing your family in court
Obtaining justice for the loss of your loved one
When you’re in the middle of the grieving process, you don’t want to have to deal with all these details. Having a skilled and experienced attorney to do it all for you can be a significant relief.
Oliver Law Office is a personal injury and wrongful death law firm serving Newark, Ohio, and other nearby communities. We know that losing a spouse, a parent, or a child is a terribly painful experience for anyone. The only thing that makes such a loss even worse is knowing that it would never have happened if someone else hadn’t done something wrong. Whether that was driving while intoxicated, failing to make necessary repairs, or a criminal act, they caused a tragedy to occur.
You can hold them accountable for what they did and win some measure of justice for your loved one by filing a wrongful death claim. Your settlement or award will also help you and your family with your living expenses in the aftermath of your loss.
If you aren’t sure about the cost of hiring an attorney, please don’t worry. We work on contingency, which means that we don’t charge you any fees until we win compensation for you. After we succeed in negotiating a settlement or convincing a jury to award damages to you, we take our fee as a percentage of what you receive. If we don’t succeed in obtaining any compensation, we don’t get paid.
We serve not only Newark, Ohio, but all the communities in the Columbus and Dublin areas. If you need a wrongful death lawyer in Newark, Ohio, contact Oliver Law Office today.
We’re only 45 minutes from Newark by car, but we can meet you in any way that is convenient for you. Here’s how you can get to our office at 7240 Muirfield Dr, Ste 120, Dublin, OH 43017.
Start on I-270 West.
Take the OH-161/US-33 Exit toward Marysville.
Exit at Avery-Muirfield Drive.
Turn right onto Avery-Muirfield Drive.
Turn left on Muirfield Drive.
Your destination will be on the left.
Start on I-270 North.
Take the OH-161/US-33 Exit toward Marysville.
Exit at Avery-Muirfield Drive.
Turn right onto Avery-Muirfield Drive
Turn left on Muirfield Drive.
Your destination will be on the left.
Start on I-270 West.
Take the OH-161/US-33 Exit toward Marysville.
Exit at Avery-Muirfield Drive.
Turn right onto Avery-Muirfield Drive.
Turn left on Muirfield Drive.
Your destination will be on the left.
Start on I-270 East.
Take the OH-161/US-33 Exit toward Marysville.
Exit at Avery-Muirfield Drive.
Turn right onto Avery-Muirfield Drive.
Turn left on Muirfield Drive.
Your destination will be on the left.
