Akron Wrongful Death Attorneys

Fatal Accidents in Akron & Wrongful Death Claims

A wrongful death case may arise when negligence, recklessness, or misconduct results in a preventable loss of life. In Akron and Summit County, these tragedies frequently occur due to:

• Motor Vehicle Accidents – Fatal car, truck, motorcycle, and pedestrian accidents caused by negligent drivers.
• Workplace Accidents – Deaths due to dangerous work environments, falls, or industrial accidents.
• Medical Malpractice – Fatalities from misdiagnosis, surgical errors, or negligent care by healthcare providers.
• Slip & Falls – Fatal falls caused by unsafe property conditions or failure to maintain premises.
• Premises Liability – Deaths from fires, drownings, or security failures on someone else’s property.
• Defective Products – Fatalities due to malfunctioning equipment, unsafe drugs, or defective vehicles.
• Nursing Home Neglect & Abuse – Deaths caused by inadequate care, negligence, or mistreatment in nursing homes.

No matter the cause of your loved one’s wrongful death, KNR will conduct a thorough investigation to determine who is responsible and ensure your family receives the justice you deserve.

Ohio Wrongful Death Law

In Ohio, wrongful death claims are governed by Ohio Revised Code Section 2125, which allows family members to seek compensation when a loved one’s death results from negligence or misconduct.

A wrongful death lawsuit can provide financial relief to the surviving family members for their emotional and financial losses. These claims hold negligent parties accountable and can prevent similar tragedies from happening to others.

Who Can File an Akron Wrongful Death Claim?

In Ohio, a wrongful death claim must be filed by the personal representative of the deceased’s estate, who is typically a family member. However, the compensation goes to the surviving family members, not the estate.
Eligible family members include:

• The surviving spouse
• The deceased’s children
• The deceased’s parents
• Other financially dependent family members

What Is an Ohio Survival Action?

A survival action in Ohio allows the deceased’s estate to recover damages the victim could have claimed if they had survived, such as medical expenses, lost wages, and pain and suffering endured before death. Unlike a wrongful death claim, which compensates surviving family members for their loss, a survival action seeks justice for the harm suffered by the deceased before they passed.

If you are unsure about your eligibility to file a wrongful death claim or survival action in Akron, Ohio, our wrongful death lawyers can help you understand your rights.

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

Who’s at Fault for a Fatal Accident?

Determining who is responsible for a wrongful death is crucial in holding the right parties accountable and securing full compensation for the surviving family. In Akron, liability for a fatal accident may fall on one or more of the following:

• Negligent Drivers – If a fatal crash was caused by speeding, distracted driving, drunk driving, or reckless behavior, the at-fault driver can be held liable.
• Employers & Commercial Entities – In truck accidents, workplace fatalities, or corporate negligence cases, employers or businesses may be responsible for failing to follow safety regulations.
• Property Owners – If unsafe property conditions, such as poor maintenance, lack of security, or hazardous environments, led to a fatal slip-and-fall or other premises-related death, the owner may be at fault.
• Medical Professionals & Hospitals – Fatalities caused by surgical errors, misdiagnoses, medication mistakes, or negligent care can lead to a medical malpractice claim.
• Manufacturers & Product Designers – Defective vehicles, machinery, medical devices, or consumer products that cause wrongful death may result in product liability claims against manufacturers.
• Government Entities & Municipalities – If dangerous road conditions, lack of signage, or improperly designed intersections contributed to the fatal accident, a city or state agency may share liability.

Because wrongful death cases often involve multiple parties and complex legal issues, it’s essential to conduct a thorough investigation. Our Akron wrongful death attorneys will analyze police reports, medical records, and expert testimony to determine who is at fault and fight for the justice your family deserves.

What Must Be Proven in an Akron Wrongful Death Case?

To succeed in an Akron wrongful death lawsuit, you must establish that the responsible party had a duty of care (e.g., drivers must obey traffic laws, doctors must provide competent care), that they breached this duty through negligence or recklessness (e.g., speeding, medical errors, unsafe premises), and that this breach directly caused the victim’s death. Additionally, surviving family members must show damages, such as medical expenses, funeral costs, lost income, and emotional suffering.

KNR’s Akron wrongful death attorneys gather evidence, expert testimony, and legal analysis to prove liability and fight for the compensation your family deserves.

What’s the Time Limit for Wrongful Death Claims

Ohio law requires wrongful death lawsuits to be filed within two years of the date of death. Missing this deadline can result in losing your right to seek compensation. There are some exceptions, such as cases involving fraud, concealment, or delayed discovery of the cause of death. To protect your claim, consult with an attorney as soon as possible.

What to Do After a Fatal Injury in Akron, Ohio

Losing a loved one in a fatal accident is devastating, but taking the right steps can help protect your family’s rights and support a wrongful death claim.

• Report the Incident & Obtain Medical Records – Call 911 immediately to ensure emergency responders and the Akron Police Department document the scene. Obtain the death certificate from the Summit County Medical Examiner’s Office and medical records from hospitals like Summa Health, Cleveland Clinic Akron General, or Akron Children’s Hospital.
• Gather Evidence & Witness Info – Take photos of the accident scene, collect witness statements, and obtain official reports from law enforcement or medical professionals.
• Collect Financial & Legal Documents – Keep records of medical bills, funeral expenses, lost wages, and insurance policies to establish the full financial impact of your loss.
• Avoid Speaking with Insurance – Insurers often try to settle for less than you deserve. Direct all communications to an attorney to avoid lowball offers.
• Consult a Wrongful Death Lawyer – An experienced Akron wrongful death attorney can investigate the incident, gather evidence, negotiate with insurers, and ensure your claim is filed within Ohio’s two-year statute of limitations.

Damages Available in an Akron Wrongful Death Claim

In Ohio, wrongful death compensation is designed to support surviving family members by covering economic and non-economic losses such as:

• Funeral & Burial Expenses – Costs associated with funeral services, burial, or cremation at facilities in Akron and Summit County.
• Medical Bills – Any medical expenses related to the deceased’s injury or illness before death, including care from Summa Health System or Cleveland Clinic Akron General.
• Lost Wages & Future Earnings – Compensation for the loss of the deceased’s financial support and potential future income.
• Loss of Companionship & Support – The emotional, parental, and spousal support lost due to wrongful death.
• Loss of Inheritance – The financial loss that survivors would have received if their loved one had lived.
• Mental Anguish & Emotional Distress – Compensation for the grief, trauma, and suffering endured by family members.

Punitive Damages in Wrongful Death Cases

In some cases, Ohio law allows for punitive damages, which are not meant to compensate the family but to punish the responsible party for gross negligence, recklessness, or intentional harm. This is often applied in cases involving drunk driving fatalities, medical malpractice, or defective product claims.

Proven Results in Akron Wrongful Death Cases

At Kisling, Nestico & Redick, we have decades of experience handling wrongful death claims in Akron, securing justice and financial relief for grieving families. Our track record of success speaks for itself—like when we secured a $600,000 settlement for the family of a 63-year-old retired woman who tragically lost her life in a fatal car accident in Boston Heights.

Every case is unique, but our commitment remains the same: to fight for every dollar you deserve and hold those responsible accountable. Let’s discuss your legal options and how we can pursue the maximum compensation for your family’s loss.

Akron Wrongful Death Claims – Don’t Settle for Less

Insurance companies often prioritize their bottom line over what’s fair, using tactics to minimize payouts after a wrongful death. They may:

• Offer lowball settlements that don’t fully cover funeral costs, lost income, or the emotional toll of your loss.
• Downplay the financial and personal impact on surviving family members.
• Shift blame onto the victim or argue comparative negligence to reduce or deny compensation.

Our Akron wrongful death attorneys are familiar with these insurance tactics and will aggressively fight for the full amount your family deserves. KNR will handle negotiations and, if necessary, take your case to court.

More About Lowball Settlements

Why Work with Our Akron Wrongful Death Attorneys?

At Kisling, Nestico & Redick, we strive to make the legal process after a fatal accident in Akron as smooth as possible. We understand the challenges of dealing with insurance companies after a tragic loss, but with our experienced team of lawyers, you don’t have to face them alone.

With over 500 years of combined legal experience, a team of 30+ attorneys, and millions recovered for clients across Ohio—including many successful outcomes right here in Akron.

“KNR was outstanding. They listened, understood, and handled everything. I’m grateful for their support.” – John P.

Client Testimonials

Akron Wrongful Death FAQs