Wrongful death is a type of claim that may arise when a person dies or is killed due to the negligence or misconduct of another individual or business entity. Surviving members of the decedent’s family may sue for wrongful death.
Lawyer’s Role in Wrongful Death Case
Each state has its own wrongful death statute that provides rules and guidelines for pursuing a wrongful death claim, and the type of claims and damages that are available to plaintiffs. A family who has lost a loved one due to the negligence of another party will need an experienced wrongful death attorney to pursue a wrongful death claim on their behalf.
There are many advantages to having a qualified wrongful death attorney:
- While mourning the loss of a loved one, a wrongful death attorney can investigate the case and determine the persons who are responsible for the death or who contributed to the death of the decedent
- An experienced wrongful death attorney can locate witnesses, obtain statements, and preserve evidence necessary to prove the case and obtain compensation for the surviving family members
- Sophisticated insurance carriers and their defense attorneys will resort to various means to avoid paying the claim for wrongful death; an experienced attorney can navigate the complicated legal process and represent you before insurance carriers and their lawyers
- If a lawsuit must be filed, there are specific procedures and timeframes that control how, when, and where the claims must be filed; without proper legal representation, you could lose your right to file a claim altogether
- Your wrongful death attorney will have access to financial and expert witnesses needed to win your case
- An experienced wrongful death attorney can work diligently to win your case while you have time to properly grieve your loss
Types of Compensation Covered in a Wrongful Death Case
In Ohio, the decedent’s family can file two types of claims in cases of wrongful death.
- Survival action – This claim is brought pursuant to the Ohio Revised Code Section 2305.21 which allows plaintiffs to recover damages for medical expenses, lost income, pain and suffering and emotional distress that the decedent experienced from the time of the injury leading up to the time of their death
A spouse or child may also bring their own claim for loss of services that they suffered during the period of the injury leading up to death of the decedent.
- Wrongful death action – This claim is brought for the exclusive benefit of the legal heirs to compensate the family (usually the spouse, children, parents, and siblings of the decedent) for the financial and emotional loss of their loved one. Under the Ohio Revised Code Section 2125.01, the administrator or executor of the decedent’s estate appointed by the probate court is the only person who is permitted file the wrongful death claim in court
Plaintiffs in a wrongful death action may recover damages for the emotional suffering of the family, loss of the decedent’s financial support to the family, loss of services of the decedent, and for the loss of the decedent’s companionship, consortium, care, love, and assistance.
Our Experience in Wrongful Death Cases
Joe Condeni has more than 30 years of wrongful death experience, handling a wide range of cases resulting from medical malpractice, trucking collisions, motorcycle crashes, car wrecks, work site accidents, and other types of injury-causing events. Through the variety of cases that our firm has handled over the years, we are able to assess every situation, determine who may be responsible for the wrongful death, and the causes of action that can be brought against the person or business who caused or contributed to the death.
Compassion and Understanding for Our Clients
Many attorneys who handle wrongful death claims understand the wrongful death statute and the case law that applies to that statute. Our firm not only brings legal experience, but more importantly, a compassion and understanding in our representation of the decedent’s family.
Wrongful death cases are very emotional. Families are often looking not only for financial compensation to make up for their loss, but are also looking to prevent similar types of incidents from happening in the future. Our clients typically want to expose dangerous processes, procedures, or events to prevent similar deaths.
We work with our clients to win these cases so that other families do not have to experience the same traumatic loss that our clients have suffered.
At Condeni Law LLC, we aggressively pursue the legal claims of our clients while working compassionately with the family as they grieve their horrendous loss. By exposing how an individual’s life was wrongfully taken, our firm may also be able to prevent future loss of life.
Contact us today for a free consultation (216) 771-1760.