Do You Have a Valid Wrongful Death Claim in Ohio?
Posted in: Wrongful Death
Legal Help for the Grieving
When you lose a loved one due to the negligence or wrongful actions of another, the family should know their legal options. The compassionate Dayton wrongful death lawyers at Kisling, Nestico & Redick can help. Let us explain the law, what compensation you may be entitled to, and how to hold the party at fault accountable.
Our firm carries the legal burden for our grieving clients and aims to make filing a wrongful death claim as smooth as possible. KNR offers free, initial consultations and no upfront fees. Find out what’s next when you contact our team of injury attorneys in Dayton, Ohio. Call (937) 427-4048.
Ohio Rev. Code § 2125.01 states a wrongful death is any caused by the negligence, default, or wrongful act of another. If the decedent had not succumbed to their fatal injuries, they would have the opportunity to file a personal injury lawsuit against the at-fault party.
Wrongful death lawsuits are similar to personal injury claims, with the exception that the decedent is unable to pursue the case on their own.
Wrongful death claims can be brought in cases of:
Although you might have assumed being a surviving family member means you have the right to file a wrongful death claim, you might be surprised to learn that this is not the case.
Ohio Rev. Code § 2125 says only the personal representative of the decedent’s estate has the authority to file a wrongful death claim. This could be any party the deceased named before their passing, such as a surviving spouse, parent, adult child, or other third parties.
If the decedent did not assign a representative of their estate, the court has the authority to appoint an executor.
Many people use the terms wrongful death claim and survival action interchangeably. However, survival actions are much different. Survival actions are filed by the decedent’s estate for damages from the day the decedent was injured until the day they succumbed to their injuries.
Survival actions allow the family members to obtain compensation for the decedent’s physical pain and suffering, loss of income, and other relevant damages.
Wrongful death can happen in virtually any unfortunate incident or accident. However, there are some accidents where wrongful death cases are more frequent. These wrongful death events include:
If you are pursuing a negligence-based wrongful death claim, your attorney must prove the defendant’s negligence. To do this, they must demonstrate these elements of negligence:
Fight for Everything You're Owed
Whether you file an insurance claim or civil lawsuit for the death of a loved one, you need to be prepared to prove liability based on a preponderance of the evidence. This means collecting evidence, filing official court documents, moving through the discovery phase, negotiating with those involved, and sometimes presenting your case at trial.
While resolving wrongful death cases in court is rare, the evidence of the liable part’s role and responsibility must be compelling. It will need to leave a little doubt that the defendant is at fault for your loved one’s death.
Surviving family members may be entitled to various damages when pursuing a wrongful death action in Dayton. These damages represent the assorted financial and non-financial losses you incurred and can be compensated for. Wrongful death compensation may include:
These are only a few damages that could be awarded in a wrongful death claim in Dayton. Speaking with an attorney is the best way to gauge what to expect.
KNR was able to obtain a 1.8 million dollar settlement in a wrongful death case against The Greater…
What Makes KNR Special?
When your family is ready to take action against the liable party, but you do not know where to turn for help, meet with a dedicated Dayton wrongful death lawyer at Kisling, Nestico & Redick.
Learn more about what legal options may be available when you contact Kisling, Nestico & Redick. Schedule your no-cost, risk-free consultation today. Complete our form or call our Dayton office at (937) 427-4048 to get started.
This is a limited amount of time to pursue your wrongful death claim. 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 matter who files, any wrongful death damages awarded will typically go to the decedent’s surviving spouse and children first. If the decedent did not have a surviving spouse or children, the decedent’s surviving parents might be entitled to the damages awarded in the wrongful death lawsuit.
However, suppose other family members can prove to the court that they have endured compensable losses because of the decedent’s passing. In that case, they may also be entitled to a portion of the damages awarded in your day and a wrongful death claim. If you have questions regarding how damages are divided, do not hesitate to contact your attorney.
No legal requirement states an autopsy is necessary to pursue a wrongful death lawsuit. However, an autopsy can provide valuable evidence. It can show the courts how the decedent passed away, which could ultimately point to the defendant. Proving negligence and liability is essential for your wrongful death claim to be successful. If you are still considering whether to obtain an autopsy, be sure to discuss your concerns with your lawyer.