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Legal Help for the Grieving

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. An experienced and compassionate Canton injury lawyer will review your options and next steps.

There’s no fee unless you win. 

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

Fatal Accidents in Canton & Wrongful Death Claims

In Ohio, wrongful death claims fall under Ohio Revised Code Section 2125, which permits eligible family members to pursue damages when a loved one dies due to another party’s wrongful actions. These civil cases aim to provide financial relief and hold the negligent parties accountable.

A successful claim can help surviving family members recover for both economic and emotional losses, such as medical expenses, lost income, and the loss of companionship and guidance.

A wrongful death case may arise when someone loses their life due to another party’s negligence, recklessness, or misconduct. In Canton and Stark County, wrongful deaths often result from:

  • Motor Vehicle Accidents – Fatal crashes involving cars, commercial trucks, motorcycles, or pedestrians are a leading cause of wrongful death in the area.
  • Workplace Accidents – Industrial injuries, unsafe job sites, and employer negligence can result in fatal work-related incidents.
  • Medical Malpractice – Surgical mistakes, failure to diagnose, medication errors, and other medical negligence at hospitals like Aultman or Mercy Medical Center can have deadly consequences.
  • Slip & Fall AccidentsPoorly maintained properties may lead to fatal falls, especially among older adults.
  • Premises Liability – Drownings, fires, or structural collapses on unsafe property may give rise to wrongful death claims.
  • Defective Products – Faulty equipment, vehicles, or consumer products can cause fatal injuries, triggering product liability lawsuits.
  • Nursing Home Negligence or Abuse – Inadequate supervision, neglect, or abuse in long-term care facilities can tragically result in preventable deaths.

At KNR, our Canton wrongful death attorneys conduct thorough investigations to determine what happened, identify all liable parties, and ensure your family receives justice and maximum compensation.

Who Can File a Wrongful Death Claim in Canton, OH?

According to Ohio law, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This person is often a family member and is named in the decedent’s will or appointed by the probate court.

While the personal representative files the case, compensation is awarded to the deceased’s surviving relatives, such as:

  • A surviving spouse
  • Biological or adopted children
  • Parents of the deceased
  • Other dependents financially reliant on the victim

If you’re unsure whether you qualify to file or receive compensation, KNR can review your case and clarify your legal rights.

What Is a Survival Action in Ohio?

A survival action allows the deceased’s estate to recover compensation for damages the victim would have been entitled to if they had survived. This includes:

  • Medical expenses
  • Lost income
  • Conscious pain and suffering before death

Unlike a wrongful death claim, which compensates surviving relatives, a survival action seeks justice for what the deceased endured before passing. Both types of claims can often be pursued together.

Read How to File an Ohio Lawsuit on Behalf of a Loved One

Who’s At Fault for a Fatal Accident in Canton?

Proving liability is a critical part of any wrongful death lawsuit. The parties responsible for a fatal incident may include:

  • Negligent Drivers – Those who cause fatal crashes due to speeding, distraction, DUI, or reckless driving.
  • Employers or Commercial Entities – Companies that ignore safety regulations or allow dangerous work environments.
  • Property Owners – Landlords or business owners who fail to maintain safe premises.
  • Medical Providers – Healthcare professionals and facilities whose mistakes lead to fatal outcomes.
  • Product Manufacturers – Designers or manufacturers of defective products that result in injury or death.
  • Government Agencies – Cities or counties responsible for hazardous road conditions, poor signage, or dangerous infrastructure.

Our wrongful death lawyers in Canton use investigative tools, expert witness testimony, and medical analysis to determine fault and build strong legal claims.

What to Do After a Fatal Accident in Canton, OH

Navigating the aftermath of a fatal accident is emotionally and logistically overwhelming. To support your case:

  • Report the Incident – Call 911 so the Stark County Sheriff’s Office or Canton Police can respond and document the scene.
  • Obtain Medical Records – Request records from Mercy Medical Center, Aultman Hospital, or another treating facility.
  • Collect Evidence – Preserve clothing, take photos, and secure any available footage or witness information.
  • Document Financial Losses – Track funeral expenses, lost earnings, and related costs.
  • Don’t Talk to Insurers Alone – Insurance companies often make lowball offers. Let your attorney handle all communication.
  • Consult a Canton Wrongful Death Attorney – KNR will guide you through filing a wrongful death or survival action, ensure every detail is accounted for, and pursue full compensation.

Proving Fault in a Canton Wrongful Death Case

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.

Punitive Damages in Canton Wrongful Death Cases

In particularly egregious cases, Ohio law allows for punitive damages—not to compensate the family, but to punish the wrongdoer for gross negligence, recklessness, or intentional misconduct. These may be awarded in Canton cases involving:

Punitive damages help send a message that extreme carelessness won’t be tolerated and may help prevent similar tragedies in the future.

Proven Results in Canton Wrongful Death Claims

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.

Don’t Settle for Less After a Wrongful Death in Canton

Insurance companies often look out for their bottom line—not your best interests. After a fatal accident, they may:

  • Offer fast, lowball settlements that don’t cover total losses
  • Downplay the emotional and financial impact on survivors
  • Shift blame to the victim or argue partial fault to reduce compensation

At KNR, we know how to handle these tactics. Our Canton wrongful death attorneys will negotiate aggressively and, if necessary, take your case to court to demand justice for your loved one.

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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…

Case Type
 
Settlement $
 
$1,800,000.00

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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.

How KNR Can Help Your Family after a Loss

At Kisling, Nestico & Redick, our experienced Canton wrongful death lawyers are here to help you navigate every aspect of the legal process with clarity and compassion:

  • Establishing Liability – We conduct a detailed investigation, gather police and medical reports, consult expert witnesses, and determine exactly who should be held accountable.
  • Evaluating Your Losses – From lost financial support to funeral expenses and emotional suffering, we assess the true impact of your loved one’s death on your family.
  • Insurance Negotiation – Our attorneys communicate directly with insurance companies to protect you from manipulative tactics and secure fair compensation.
  • Aggressive Representation in Court – If a full settlement isn’t possible, we are fully prepared to litigate and advocate for your family in Stark County court.
  • Ongoing Client Support – We keep you updated and accessible throughout your case via phone, text, email, or Zoom—whatever works best for you.
  • Contingency Fee Promise – You won’t pay anything unless we win. Our fee only comes from a successful verdict or settlement.
At KNR, we ask, ‘what can we do?’ so you move on with more.

Canton Wrongful Death FAQs

Do Wrongful Death Claims Have Time Limits?

There is a time restriction for how long you have 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.