The Common Spinal Surgeries After a Car Accident
Posted in: Car Accidents
In addition to the heartache of your loss, you may be coping with enormous financial stress as you settle your loved one’s affairs. You may be overwhelmed by funeral costs while also wondering how your family is going to get by without your loved one’s income.
In Ohio, when you lose a family member to a fatal car accident caused by negligence, you may have a right to compensation for your loss under Ohio Rev. Code § 2125. Call us at 1-800-HURT-NOW or use our online contact form to arrange a free consultation about your case.
If you have lost a loved one in a car accident or any motor vehicle accident, you may be able to pursue a wrongful death claim. In doing so, you can help to bring closure to your loved one’s death by holding an accountable party responsible — and recover financial compensation for your losses.
Kisling, Nestico & Redick can guide you through the claims process and fight for everything the law entitles. The law and claims process can be complex, and large insurance companies may try to diminish your claim. But KNR has the resources, skills, and track record to handle your fatal car accident case.
Nearly all car accidents come down to a single factor — negligent behavior on the part of another driver. Drivers who are tired, impaired, or distracted can all make terrible mistakes that can lead to another driver’s death.
In rare instances, mechanical issues can also be a factor in fatal car crashes if a car has been poorly maintained or has inadequate safety equipment, such as burned-out headlights. Road conditions, weather conditions and driver behavior can also cause fatal accidents on Ohio’s roads and highways if drivers behave aggressively, drive too fast, or fail to account for poor road conditions.
Some of the most common causes of fatal car crashes in Ohio are:
Realizing that a loved one won’t be coming home because a car accident claimed their life is a horrific experience. The last thing you want to do is deal with an insurance claim.
When you’re dealing with the emotional trauma of losing a family member, it’s best to allow a skilled professional to file your insurance claim and negotiate on your behalf. Typically, when an insurance company is notified about a fatal accident, the company moves quickly to hire investigators, attorneys, and other professionals to mount a defense.
Insurance companies may try to take advantage of your grief by offering you a settlement for less than your claim is worth. Their employees often are trained to encourage you to accept a quick settlement, so the company is only required to pay as little as possible.
At Kisling, Nestico & Redick, we are skilled at fighting to get the best possible outcome for your wrongful death case. Many of our attorneys worked in the insurance industry or defending insurance companies before joining KNR. That means we have an insider’s perspective on how insurance companies handle fatal car accident claims and know how to build the strongest case.
In Ohio, only specific people can file or benefit from a wrongful death claim. A lawsuit must be filed by the deceased person’s personal representative on behalf of the decedent:
If you obtain compensation for your wrongful death case, the money typically is split between your loved one’s legal beneficiaries.
If you are pursuing a fatal car accident claim or lawsuit, you must prove negligence caused the collision and your loved one’s death. To do this, they must demonstrate:
For example, if you lost a loved one in a drunk driving accident, the driver would have owed your loved one a duty of care by driving sober but breached that duty by drinking and driving. If their impairment caused the accident and resulting injuries to your loved one, you may be able to establish negligence.
In addition, the driver may not be the only party who can be held accountable following a fatal collision. For example, if an overtired employee caused the accident while they were driving for their job, the individual’s employer could also be named in your fatal car accident lawsuit.
Your lawyer’s thorough investigation and analysis of your case will reveal the truth and ensure all liable parties are held accountable.
Some of the most compelling evidence used to prove negligence in a fatal car accident are:
When you lose a loved one in a car crash because the other driver was negligent, they or their insurance policy may be found liable for your various damages. Your lawyer can represent you in pursuit of compensation for all your physical, emotional, and financial losses. Through an insurance claim or personal injury lawsuit, KNR will fight hard for you to recover:
Although money won’t bring back your family member, it may help secure your family’s financial future in the wake of your loss and help hold the responsible party accountable for causing your family member’s death.
While most fatal car accidents settle out of court, the insurance company will still work hard to reduce what they owe by denying their policyholder was to blame. While an insurance settlement might be ideal, you may also need to file a lawsuit and present evidence that the other driver was at fault.
At Kisling, Nestico & Redick, we can help you get the most out of your case. Although you may be hesitant to pursue legal action after a fatal car crash, with a strong team of legal advocates fighting for your rights, you can rest easier and secure compensation for everything a reckless driver cost you.
We use every available resource so you can recover physically and financially after a car accident.
Ohio’s statute of limitations for wrongful death lawsuits is just two years. If your claim is not filed before this deadline, courts will likely refuse to hear your case. The sooner you get an attorney working for you, the more likely we can gather valuable, time-sensitive evidence that we need to prove liability in your wrongful death insurance and civil claims.
No legal requirement states an autopsy is necessary to pursue a wrongful death lawsuit after a car accident. However, an autopsy can provide valuable evidence. It can show how the decedent passed away, which could ultimately point to the defendant.
Many people use the terms wrongful death claim and survival action interchangeably. However, survival actions are filed by the decedent’s estate for damages for the decedent’s physical pain and suffering, loss of income, and other relevant damages.
At KNR, we have the experience necessary to handle complex wrongful death claims and to give you the peace of mind that comes from knowing an accomplished advocate is working for you. Our attorneys are aggressive litigators who will not be pushed around by large insurance carriers that try to limit the compensation paid in a wrongful death claim.
These companies know that we have the time, skill, and experience necessary to take these cases to trial. We fight to ensure you obtain the compensation you deserve and that will help you move forward with your life after losing a loved one to a car crash.
We are conscious of the difficult situation you face following the loss of a loved one, so we offer no fees unless you recover compensation for your case. Call Kisling, Nestico & Redick at 1-800-HURT-NOW or use our online contact form to schedule your free consultation today.