Canton Wrongful Death Lawyers | Kisling, Nestico & Redick
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Canton Wrongful Death Attorneys

When a person dies because of negligence or intentional harm, this is considered a wrongful death. Wrongful death claims are typically brought by a representative of the victim’s estate. They allow the deceased to seek remuneration for loss of life and additional damages on behalf of the family or other affected parties.

If you have experienced death in your family caused by someone else, call our Canton wrongful death attorneys at (330) 488-1234 to schedule a free initial consultation.

At KNR, we ask, ‘what can we do?’ so you move on with more.

Possible Wrongful Death Claims

A victim who would otherwise have a personal injury claim is killed because of an intentionally harmful act or negligence constitutes a wrongful death claim. This can happen in multiple ways, in different circumstances, and often as the result of some person or party’s gross negligence.

A person might even be responsible for a person’s death, even if a criminal proceeding finds them not guilty.

Common Types of Canton Wrongful Death Claims Include:

Who Can File a Wrongful Death Claim?

Ohio Revised Code 2125.01 gives certain loved ones the right to recover damages on behalf of a person when their death was caused by a wrongful act or neglect. In most cases, the person who files a wrongful death lawsuit is the executor of the deceased’s estate. However, a family member may also file a wrongful death case.

Those who commonly take legal action in wrongful death cases include, but are not limited to:

  • Family members who suffered damages due to the deceased person’s death
  • Adopted or blood-related immediate family members
  • The parents of a child who died before birth
  • Domestic or life partners, including a spouse
  • Children of a deceased parent

Proving Negligence Caused a Wrongful Death

In any wrongful death case, there are several legal elements that need to be established.

First, you must show that the accident or incident in question happened because another person was reckless or negligent. From there, you must prove that the incident caused your loved one’s death.

For instance, if your loved one died in a car crash, you and your lawyer will need to show that the other driver had a duty to follow the traffic laws but breached this duty by driving recklessly, and your loved one suffered because of the collision. Finally, you’ll have to demonstrate that your loved one endured harm prior to their passing.

While this may sound simple, it is difficult because large companies and insurance companies are often working against you.

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Wrongful Death Damages & Compensation

Though the deceased party cannot take advantage of remuneration for damages, their family and surviving estate can seek compensation through a wrongful death lawsuit. Common accidental death damage recovery includes:

  • The victim’s pre-death pain and suffering, known as a survival claim
  • Funeral and burial costs
  • Medical costs that the deceased victim incurred as a result of the injury prior to death
  • Loss of expected income
  • Lost inheritance
  • Loss of care, guidance, and nurturing
  • Loss of love and companionship
  • Value of the services the victim would have provided
At KNR, we ask, ‘what can we do?’ so you move on with more.

At KNR, we have decades of experience and a record of success in wrongful death claims. For instance, we recovered $150,000 for the family of a pedestrian killed by an impaired driver.

We can discuss the options available and how to best recover all the compensation you deserve.

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$1,800,000 Settlement in a Wrongful Death Case

KNR was able to obtain a 1.8 million dollar settlement in a wrongful death case against The Greater…

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KNR’s Canton Wrongful Death Attorneys Can Help

Wrongful death cases are notoriously complex and involve precise legal and technical arguments. With intense grief and newly acquired financial burdens, it’s easy to feel overwhelmed. However, you don’t have to go through a wrongful death case alone.

At KNR, our attorneys do what it takes to maximize the value of your case and get the funds you need. Whether that involves examining evidence or investigating, our team leaves no stone unturned.

At KNR, we ask, ‘what can we do?’ so you move on with more.

With genuine trial experience and considerable resources, we can give your case the best possible chance of reaching a positive outcome. At KNR, our Canton wrongful death attorneys will:

  • Answer your questions and concerns
  • Keep you updated during all stages of the process
  • Obtain medical and financial records about the extent of your losses
  • Identify the responsible party
  • Determine the fair and full value of your damages
  • Negotiate for maximum compensation
  • Fight for everything you deserve in court if necessary

Canton Wrongful Death FAQs

Do Wrongful Death Claims Have Time Limits?

There is a time restriction for how long a personal representative has to file a wrongful death lawsuit in Ohio. Generally, you have two years from the time of the decedent’s death to file the claim. If you file after the two-year period, the defendant can ask the court to dismiss the case.

What is a Survival Action?

Survival actions are linked to the deceased, whereas wrongful death laws pursue funds for surviving family members. While wrongful death compensation might include loss of financial contribution and funeral expenses, survival actions include the deceased’s medical expenses prior to death, lost wages, and pain and suffering.

How Much Is a Wrongful Death Claim Worth?

Compensation in wrongful death cases vary significantly based on the facts and circumstances involved. While there is no average wrongful death settlement, you can understand your case better and what to expect by speaking with a lawyer.

Do I Need a Wrongful Death Lawyer?

Typically, yes. Wrongful death cases are usually complex and large insurance companies will likely try to diminish the harm done or their policyholder’s degree of responsibility, so they pay less. When your case involves significant medical bills and other losses, disputed liability, or to ensure you recover the maximum, you should consult an experienced legal professional.
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