An unexpected death can have far reaching consequences, leaving family members emotionally and financially devastated. Taking legal may not be a priority after losing a loved one. It is important to consider hiring an Ohio wrongful death attorney as soon as possible to assist with the legal and financial difficulties that a family will encounter after the loss of a loved one. The financial strain can be immediate with unexpected medical and funeral expenses and the loss of a financial support. The lawyers with GBM Law have the experience to guide your family through the legal process to recover the compensation necessary to ease this financial burden.
Recovering Money in a Wrongful Death Lawsuit in Ohio
When a death is caused by reckless or negligent action, the family members of the victim may pursue a wrongful death lawsuit against the responsible party or parties. In fact, Ohio law presumes that certain family members have suffered damages as a result of their loved one’s death. (O.R.C. 2125.02). To file a wrongful death suit in the State of Ohio, the party filing must show that:
The death of a person was caused by a wrongful act, neglect or default;
The act, neglect or default would have entitled the injured person to file an action to recover had the death not occurred (O.R.C. Ann. 2125.01);
Determining who is eligible to bring a wrongful death claim can be a complicated legal matter. The easiest and simplest way to determine eligibility is to talk to an attorney. At GBM Law, we offer a free consultation to review your situation, answer your questions, and help you understand your legal rights.
Understanding Legal Rights Following an Accidental Death
According to the Centers for Disease Control and Prevention (CDC), death by unintentional injury (such as motor vehicle accident, fall or accidental poisoning) was the third leading cause of death in the United States in 2016 and 2017, behind heart disease and cancer. A common theme in death from unintentional injuries or accidents is family members not knowing how to proceed in a legal action, and what types of compensation they may be entitled to. Unfortunately, many surviving family members are so grief-stricken that they do not fully understand their rights. Insurance companies may quickly offer a grieving family a settlement in the aftermath of an accident, without the family member understanding they may be entitled to far more compensation.
Wrongful Death Damages
Economic damages available typically include:
Final medical expenses prior to death
Funeral and burial expenses
Loss of the decedent’s income over their life expectancy
Loss of the decedent’s benefits like health insurance or retirement pension
Loss of a prospective inheritance.
Family members may also be entitled to non-economic damages for their mental anguish, loss of contribution to a household, loss of companionship, and loss of consortium.
Experience Matters in a Wrongful Death Claim
When you pursue a civil action for personal injury or wrongful death, you have one opportunity to resolve your case. Once you accept a settlement offer, or a verdict is issued by a judge or jury, you will not be able to pursue any further legal action for damages. For this reason, choosing the right attorney to handle your case is an important, if not critical decision. The money you accept for your claim will support you for years to come. It is essential to not leave money on the table.
Our legal team is dedicated to bringing our clients justice, and helping them find healing and rebuild their lives. At GBM Law, we have been handling wrongful death cases in Ohio for more than 30 years. Our attorneys are knowledgeable, skilled, and most importantly, very experienced. Unlike other firms that just settle cases, we will not hesitate to take your case to trial. We will work with experts in the fields of medicine and accident reconstruction and forensic accounting to quantify economic losses.
Over the years, cases we have handled have stemmed from many types of accidents and incidents, including drunk driving accidents, construction accidents, tractor-trailer accidents, and even carbon monoxide poisoning. We have recovered more than $200 million in verdicts and settlements for our fellow Ohioans. See our case results for some of our clients’ stories.
Contact a Lawyer Today
Before talking to an insurance company, talk to a lawyer. No matter how empathetic or compassionate the insurance representative seems to be, or how generous a quick offer may appear, talk to a lawyer and get a professional and experience-based opinion of your rights. Just like car accident cases, an insurance settlement is a business transaction. Claims adjustors are trained to professionally and empathetically settle claims, so that that the insurance company pays as little as possible.
If a parent, child or spouse has been killed in an accident, contact us today to speak with an attorney. Because a statute of limitations applies which will limit the amount of time you have to file a lawsuit, it is advisable to contact a lawyer as soon as possible.
For more information feel free to call us at (614) 222-4444 or fill out a case evaluation form.