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Legal Help for the Grieving
The sudden passing of a loved one is devastating. But if your loved one died due to the negligent actions of someone else, you and your family have the right to seek justice, and a Toledo wrongful death attorney can help you pursue it.
While it cannot replace a loved one, financial compensation can help as you return to normalcy and gain a sense of closure. Do not hesitate to contact our knowledgeable Toledo personal injury lawyers. Our wrongful death attorneys have helped many Lucas County 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 Toledo wrongful death attorneys today. Call (419) 324-8205 to schedule a free initial consultation.
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A wrongful death is a death caused by another person’s negligence or wrongful act, the same kind of carelessness that would have supported an injury claim if the person had survived. It might be a driver who ran a red light, a surgeon who missed an obvious warning sign, a property owner who ignored a known hazard, or a company that shipped a defective product. When that failure costs a life, Ohio law lets the family hold them accountable through the civil courts, separate from any criminal case.
The claim is brought by the personal representative of the deceased person’s estate, but it exists for the family. The damages compensate the people left behind for what the death took from them.
Unlike a personal injury claim, a wrongful death action seeks damages for the victim’s immediate family. The surviving family members are also considered victims of the act that took the life of a loved one. Ohio Revised Code Chapter 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 seeks damages on behalf of the wrongful death beneficiaries:
The personal representative is usually a spouse or adult child named in the will, or appointed by the court if there is no will. When the person who died lived in Lucas County, the estate is opened in Lucas County Probate Court, and the representative is appointed there before the claim can be filed. We handle that step for families as part of the case. If you are wondering about filing a lawsuit on behalf of a loved one, that is where it starts.
More about Ohio Wrongful Death Laws
Thousands of Ohio residents are killed every year through no fault of their own. It is 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 we have pursued, these are the most common.
Dozens of people are killed in traffic accidents in the Toledo area every year, many of them in high-speed crashes on I-75 and I-475, though deadly accidents also happen on rural roads and neighborhood streets. Our Toledo car accident lawyers handle the passenger-vehicle cases, and fatal truck accidents bring in federal regulations and multiple defendants that change how the case is built.
A rider has almost no protection in a collision, and a crash that would be survivable in a car is often fatal on a motorcycle. Fatal motorcycle accidents also run into bias against riders that has to be overcome with evidence.
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, and our Toledo pedestrian accident lawyers see the fatal cases too often.
Malpractice can cause injuries and deaths at any clinic or hospital, including the large facilities Toledo families rely on. A wrongful death from medical negligence requires a lawyer who understands how to investigate the highly technical aspects of your loved one’s unnecessary death, which is the work our Toledo medical malpractice lawyers do.
Falls, bedsores, dehydration, medication errors, and untreated infections kill nursing home residents who were supposed to be under professional care. Our Toledo nursing home abuse lawyers pursue the facilities responsible.
Employers must take reasonable steps to keep their workers safe. When a worker is killed on the job, the family may have a workers’ compensation death claim and, where a third party contributed, a wrongful death claim as well. Our Toledo workers’ compensation lawyers sort out which applies.
Recreational accidents on the Maumee River and Lake Erie, and defective product accidents involving machines, tools, and household devices, round out the cases we see.
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 attorneys have years of successful negotiation and trial experience, backed by our statewide team of Ohio wrongful death attorneys.
Fight for Everything You're Owed
It is 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.
Available damages in a wrongful death case include:
We can discuss all of the options available to you and how to best recover everything you deserve.
Families are often surprised to learn that one death can support two claims. A wrongful death claim compensates the family for what the death took from them: the lost income and support, the lost companionship and guidance, the funeral expenses, and their own grief. A survival action belongs to the deceased person. It recovers what your loved one could have claimed if they had lived, such as the pain they suffered between the injury and death and the medical bills that piled up in that time.
The two claims are usually filed together and the money is distributed differently: wrongful death damages go to the family members, while survival actions pay into the estate and pass under the will. Which one carries more value depends on how long your loved one survived after the injury and what their earnings supported. We evaluate both in every case.
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 is 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.
Losing a loved one due to someone else’s negligence is devastating, and pursuing a wrongful death claim in Toledo can feel overwhelming. But you do not have to go through it alone. At Kisling, Nestico & Redick, our Toledo wrongful death lawyers provide compassionate guidance and powerful legal representation rooted in decades of experience. We know what it takes to build a strong case and hold the responsible parties accountable, whether the loss was caused by a fatal car crash, medical negligence, or a defective product.
Our attorneys handle every aspect of your case while you focus on healing. We thoroughly investigate the facts, consult with experts, and pursue full and fair compensation through settlement or litigation. The steps we take include:
Call 1-800-HURT-NOW to talk with us. There is no charge for the conversation.
Ohio Personal Injury
KNR was able to obtain a 1.8 million dollar settlement in a wrongful death case against The Greater…
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Since our inception in 2005, Kisling, Nestico & Redick has been dedicated to helping personal injury victims fight for the compensation they deserve after an accident affects their way of life. We have helped more than 10,000 people, and we’re ready to keep fighting for Ohioans and anyone who deserves compensation for their personal injury claims.
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Your family may never be the same after a loved one is taken in an unexpected tragedy. Many residents of northwest Ohio 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 attorneys 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.
To recover compensation after the wrongful death of a loved one in Toledo, your attorney must clearly prove that another party’s negligence or misconduct directly caused the fatal incident. This involves establishing four critical elements:
At Kisling, Nestico & Redick, our Toledo wrongful death lawyers gather comprehensive evidence, such as police reports, medical records, expert testimony, and financial documentation to build a compelling, well-supported case.
For example, if your loved one was killed in a truck crash on I-75 or a pedestrian accident near downtown Toledo, we would need to show how the other party failed to act responsibly such as by speeding, driving distracted, or ignoring traffic laws, and that this failure directly led to fatal injuries. Your family’s claim may include damages for final medical expenses, funeral costs, lost future income, and emotional suffering. Many families worry about paying for a funeral after a wrongful death before any claim is resolved; we can talk through the options.
These cases are often complicated by hard-line insurance defense tactics, so having an experienced Toledo attorney on your side ensures you are not pressured into accepting less than what you are owed.
Most families have never been through this and want to know what to expect. The path is the same in nearly every case.
Under Ohio Rev. Code Section 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 Lucas County 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.
The personal representative of the deceased person’s estate files the claim. That is usually a spouse or adult child named in the will, or someone the probate court appoints if there is no will. The claim is brought for the benefit of the surviving spouse, children, parents, and other next of kin who suffered a loss.
Yes. Because the claim is filed in the name of the estate, a personal representative has to be appointed first. When your loved one lived in Lucas County, that happens in Lucas County Probate Court. It is a routine step and we handle it for families as part of the case.
Funeral and burial costs, the income and financial support your loved one would have provided, the loss of their care, companionship, and guidance, and the family’s mental anguish. A separate survival action can also recover the pain your loved one suffered and the medical bills that accrued before death.
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. If other family members can prove to the court that they have endured compensable losses because of the decedent’s passing, they may also be entitled to a portion of the damages awarded in 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.
If your family has other questions, call 1-800-HURT-NOW or contact our Toledo office. The consultation is free and there is no obligation.
