Cleveland Wrongful Death Lawyers

What Is Wrongful Death?

In most wrongful death cases, the family of the deceased seek compensation from the person responsible for their loved one’s death. The basis of the accusation is that the accident was the result of another person’s negligence or unjust actions.

Therefore, a wrongful death lawsuit focuses on targeting the person responsible for another person’s death. Unlike homicides, wrongful death is commonly unintended. Nonetheless, if a person’s death was caused by factors under another person’s control, that party may be held liable.

Common Fatal Accidents & Wrongful Death Claims

Wrongful death can stem from a variety of situations involving negligence, recklessness, or malpractice. In Cleveland, these often include:

• Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents caused by reckless or intoxicated drivers.
• Workplace Accidents: Fatalities occurring on construction sites, in factories, or due to unsafe working conditions.
• Medical Malpractice: Deaths resulting from surgical errors, misdiagnosis, or negligence by healthcare providers.
• Slip and Fall Accidents: Fatal falls due to unsafe property conditions or negligence by property owners.
• Premises Liability: Incidents involving drownings, fires, or unsafe environments leading to death.
• Product Liability: Defective products, including vehicles, medications, or machinery, causing fatal injuries.
• Nursing Home Neglect or Abuse: Fatal incidents resulting from neglect, improper care, or abuse in nursing homes.

No matter the cause of your loved one’s death, KNR’s experienced attorneys are dedicated to conducting a thorough investigation to identify the liable parties and ensure your family receives the compensation you deserve.

Ohio Wrongful Death Law

In Ohio, wrongful death claims are governed by Ohio Revised Code Section 2125. The law allows family members to seek compensation when a loved one’s death is caused by the wrongful actions, negligence, or omission of another party. The purpose of a wrongful death lawsuit is to provide financial compensation to surviving family members for the losses they have suffered due to their loved one’s death.

Who Can File a Wrongful Death Claim in Ohio?

In Ohio, only the personal representative of the deceased’s estate can file a wrongful death claim. This individual is often a family member, such as a spouse, parent, or adult child, and is appointed by the probate court to handle the estate’s affairs. However, the compensation awarded in a wrongful death claim goes to the surviving family members, not the estate.

Eligible family members who may recover compensation include:

• The deceased’s surviving spouse
• The deceased’s children
• The deceased’s parents

Other family members may be entitled to compensation if they can demonstrate that they were financially dependent on the deceased or if the court finds it appropriate.

What Must Be Proven in a Wrongful Death Case?

To succeed in an Ohio wrongful death claim, the following elements must be established:

• Duty of Care: The defendant owed the deceased a duty of care. For example, a driver has a duty to obey traffic laws and drive safely.
• Breach of Duty: The defendant breached that duty of care through negligent or reckless actions, such as speeding or driving under the influence.
• Causation: The defendant’s breach of duty directly caused the victim’s death.
• Damages: The deceased’s family members suffered financial and emotional harm as a result of the wrongful death.

Statute of Limitations in Wrongful Death Claims

Ohio law imposes a two-year statute of limitations on wrongful death claims. This means that the personal representative must file the wrongful death lawsuit within two years of the date of death. Failure to file within this time frame may result in the case being dismissed and the family losing the right to seek compensation.

However, there are some exceptions to this rule, such as cases involving fraud, concealment, or the delayed discovery of the cause of death. It is important to consult with an experienced wrongful death attorney to ensure that your claim is filed on time.

What to Do After a Fatal Injury in Cleveland, Ohio

Losing a loved one in a fatal accident is overwhelming, but taking the following steps can help protect your family’s rights and strengthen a potential wrongful death claim:

• Seek Medical Attention & Notify Authorities: Ensure 911 is called, get a death certificate, and collect medical records documenting the cause of death.
• Document the Incident: Take photos, gather witness information, and collect official reports from law enforcement or medical professionals.
• Collect Relevant Documents: Gather medical bills, funeral expenses, employment records, and insurance details to support your claim.
• Avoid Speaking with Insurance Adjusters: Direct all communication to your attorney to avoid low settlement offers.
• Consult a Wrongful Death Attorney: An experienced lawyer will investigate the incident, gather evidence, negotiate with insurers, and ensure the claim is filed within Ohio’s two-year statute of limitations.
• Take Care of Yourself & Your Family: Seek emotional support through counseling or local resources to help cope with the loss.

Kisling, Nestico & Redick’s wrongful death attorneys can guide you through this challenging time and help you secure the compensation you deserve.

Damages in Ohio Wrongful Death Claims

In Ohio, the compensation awarded in wrongful death cases aims to provide relief to the surviving family members for both economic and non-economic losses. These may include:

• Funeral and burial expenses: Costs associated with laying the deceased to rest, including services and interment.
• Medical expenses: Any medical bills incurred related to the deceased’s injury or illness prior to death.
• Lost wages and future earnings: Compensation for the financial support the deceased would have provided and the potential future earnings that are lost.
• Loss of companionship, support, and services: The emotional and relational void experienced by surviving family members as a result of the death.
• Loss of inheritance: The estimated value of any inheritance that the deceased would have left to their family had they lived.
• Emotional distress and mental anguish: Compensation for the pain and suffering endured by surviving family members due to their loss.

Punitive Damages in Wrongful Death Claims

In certain circumstances, Ohio law permits the awarding of punitive damages. These damages are not designed to compensate the family for their loss but rather to punish the defendant for particularly egregious behavior, such as intentional harm or gross negligence. Punitive damages are awarded in addition to compensatory damages and serve as a deterrent against similar actions in the future.

KNR has helped numerous families get compensation for their long-term needs after a loved one’s wrongful death. For example, KNR represented a Cleveland family after a fatal house fire and reached an $82,000 settlement.

We can discuss the options available to you and how to recover all the compensation you are entitled to.

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Cleveland Wrongful Death FAQs

Filing a lawsuit while you’re grieving can be overwhelming. You probably have many questions. The FAQ below addresses some of the most common inquiries family members have regarding wrongful death claims.