Toledo Wrongful Death Lawyers | Kisling, Nestico & Redick
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Legal Help for the Grieving

Wrongful Death Lawyers in Toledo, OH

The sudden passing of a loved one can be traumatic and devastating. You have lost a close companion who cannot be replaced. Additionally, you may have lost a provider who helped your family financially.

An unexpected death can make life very difficult. If your loved one died due to the negligent actions of someone else, you and your family have the right to seek wrongful death damages.

While it can’t replace a loved one, financial compensation can help as you return to normalcy. Do not hesitate to contact our knowledgeable Toledo personal injury lawyers. We have helped many families in terribly difficult circumstances, and we can help you through the process too.

Contact Kisling, Nestico & Redick to speak with our compassionate and experienced Ohio wrongful death lawyers today. Call (419) 324-8205 to schedule a free initial consultation.

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

Who Can File a Wrongful Death Claim?

Unlike a personal injury claim, a wrongful death action seeks damages for the victim’s immediate family. The surviving family is considered to also be victims that took the life of a loved one. Ohio’s Revised Statutes section 2125 states that a wrongful death occurs when someone passes away due to another person’s wrongful act, neglect, or default.

Many people are devastated by unexpected and senseless deaths. However, this does not mean they can pursue a claim for wrongful death. The benefits of a wrongful death suit are not available to friends, distant relatives, or other groups. Instead, a personal representative filing a wrongful death claim can only seek damages for the:

  • Spouse of the deceased
  • Parents of the deceased
  • Children of the deceased

Common Causes in Wrongful Death Cases

Thousands of Ohio residents are killed every year due to no fault of their own. It’s important for your wrongful death attorney to understand how to fully investigate who is responsible. Failure to do this can make it impossible for your family to recover the compensation they deserve.

Of the many wrongful death cases that we have pursued, the most common causes are:

  • Car accidents – Dozens of people are killed in traffic accidents in the Toledo area. In addition to the dangers posed on Interstates 90 or 75, many deadly accidents happen on small rural roads or neighborhood streets.
  • Pedestrian accidents – Those who travel on foot are sometimes hit by careless car or truck drivers who fail to notice them. This is common in busy areas such as near schools or large venues like Fifth Third Field in Toledo.
  • Medical negligence – Malpractice has caused many injuries and deaths at clinics and area hospitals such as St Vincent Medical Center or Mercy Health Children’s Hospital. Your medical malpractice wrongful death lawyer must understand how to investigate the highly technical aspects of your loved one’s unnecessary death.
  • Workplace accidents – Employers must take reasonable steps to keep their workers safe while they’re on the job. Injuries on the job are common throughout the Toledo area, and many victims are killed as a result.
  • Recreational accidents – People are often badly hurt while engaged in outdoor activities such as boating along the Maumee River or Lake Erie.
  • Defective product accidents – A product that was poorly designed or manufactured can fail and cause a terrible accident. This can include machines and tools at work, or products and devices found in our homes.

How a Lawyer Can Help After a Wrongful Death

Wrongful death cases can be complex and hard-fought. No matter how your loved one passed, your damages will likely be paid out by the negligent party’s insurance provider.

Insurance companies seek to limit their financial liability and know that wrongful death cases can mean paying out a significant amount to the victims’ families. therefore, reducing what you accept is in their best interests.

Your lawyer must understand how to build a strong case for the other party’s negligence. In addition, you will not receive an acceptable offer if the other side does not believe you will take them to court.

Our Toledo wrongful death lawyers have years of successful negotiation and trial experience.

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Compensation in Wrongful Death Claims

It’s understandable to feel uncertain about what steps to take. Let us help you navigate the entire process.

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.

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

Wrongful Death Damages

Available damages in a wrongful death case include:

  • Funeral costs – A funeral can cost thousands of dollars, and this sudden expense can put a great deal of financial difficulty on your family.
  • Loss of care and companionship – Ohio law allows the immediate family to seek damages for loss of guidance, counsel, and society if their loved one was taken due to the negligence of another.
  • Economic damages – You may have lost a provider whose income helped the entire family. Furthermore, you can seek damages for loss of prospective inheritance that you might have received if the person had lived.
  • Pain and anguish – The traumatic emotional suffering that you and your family may be going through can be severe. You have a right to seek damages for this from the responsible party.
  • Survival action on behalf of the deceased – Your loved one who passed away may have had a claim for damages sustained before death. You can seek these damages on their behalf, and they can pay for things like the person’s medical bills that added up before they died.

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

Wrongful Death: Statute of Limitations

Ohio law requires you to take legal action within a limited amount of time after the wrongful death. The statute of limitations requires claims to be filed within two years of the victim’s death.

This may seem like a long time to consider your options, but it’s really not. Your case can be complex, and your lawyer will have to gather all of the necessary evidence required to build a strong argument for the other party’s responsibility. Our Toledo wrongful death lawyers will have to do the following:

  • Consult with doctor’s – It must be clearly demonstrated that your loved one’s death was caused by something the other party did or failed to do. This means reviewing the medical history of the person who passed.
  • Review the accident scene – The negligent or reckless actions of the other party must be demonstrated. Your lawyer will have to gather evidence from emergency responders, witnesses, and even accident reconstruction data.
  • Consult with experts – Many cases require expert witnesses to be brought in to show how the other party was negligent. This may be necessary if your loved one was killed due to medical malpractice or a defective product.
  • Negotiate for a settlement – You cannot accept a low settlement for your loved one’s death. Your lawyer will have to negotiate with the other parties involved and convince them that they would want to pay a fair financial settlement instead of going to trial.

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Our Toledo Wrongful Death Attorneys Can Help

Your family may never be the same after a loved one is taken in an unexpected tragedy. Many residents of northwest Toledo are seriously injured in accidents every day, and some of these injuries prove to be fatal. It can be difficult to know what to do, or to figure out how to cope in the aftermath of a family member’s death.

Our Toledo wrongful death lawyers have helped many people in this terrible situation. We know that your life can become very difficult, and you need to protect your future and those of your loved ones. Do not hesitate to call our office to seek the damages you deserve.

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

Toledo Wrongful Death FAQs

How long do I have to file my wrongful death claim?

Under Ohio Rev. Code § 2125.02, the statute of limitations for wrongful death lawsuits in Ohio is just two years. If your wrongful death claim is not filed before this deadline, the Dayton civil courts will likely refuse to hear your case.

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.

How are wrongful death damages divided?

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.

Do you need an autopsy for a wrongful death lawsuit?

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.

Our Wrongful Death Lawyers in Toledo Will:

  • Open up an investigation into the cause of your loved one’s death
  • Obtain evidence to prove culpability in your wrongful death claim
  • Establish liability for the decedent’s passing
  • Gather compelling evidence, including witness statements, expert testimony, medical records, and financial statements
  • Review your families damages to calculate the value of your Dayton wrongful death claim
  • File claims with the insurance company and negotiates, where applicable
  • Provide you with regular wrongful death case status updates
  • Ensure your rights are protected both with the insurance company and in court
  • Work with you on contingency, so you don’t have to pay us a dime if we don’t win your case