If you recently lost a loved one in a preventable accident, you or another surviving family member may be eligible to file a wrongful death claim or lawsuit on behalf of your loved one.
Coping with grief while starting a legal procedure may not sound ideal—and can be emotionally taxing—but you do not need to go through this process alone. A wrongful death lawyer from our law firm in Dublin, OH, can help you build your case.
Bressman Law is Here for Your Family
At Bressman Law, we help the families of accident victims acquire the resources they need to move forward after a devastating fatality. We understand that your mind may be more focused on personal matters, which is why we want to step in and handle your legal matters for you. We also offer a free initial consultation if you have more questions about your case.
For a free legal consultation with a wrongful death attorney in Dublin, call (614) 538-1116
The Types of Wrongful Death Cases We Handle
A wrongful death under Ohio law is any death that occurs due to a third party’s “wrongful act, neglect, or default.” That said, wrongful death cases involve various causes of death, from automobile accidents to slip and fall injuries.
Our legal team handles all types of wrongful death cases, including:
- Motor vehicle accidents: We handle motor vehicle accident cases involving cars, trucks, motorcycles, pedestrians, bicycles, and other types of vehicles.
- Construction accidents: We fight for the justice of workers or pedestrians on or near a construction site who were killed by heavy equipment, falling objects, poor scaffolding, hazardous materials, and explosions, among other causes.
- Dangerous or defective products:Wrongful death cases involving defective products may feature defects in the product’s design, manufacturing, or marketing, including its labeling.
- Slip and fall accidents: These types of wrongful death cases fall under premises liability and involve accidents on public or private property. We help people who should have been protected under proper ownership or management of a property.
Dublin Wrongful Death Attorney (614) 538-1116
How Long You Have to File a Wrongful Death Claim in Dublin, OH
Every cause of action has its own statute of limitations. According to the Ohio Revised Code (ORC) §2125.02, the statute of limitations for wrongful death cases in Ohio is two years from the date of the decedent’s death. This means that you must file your lawsuit within two years of your loved one’s death in order to have a chance at recovering compensation.
The statute of limitations may be shorter in medical malpractice cases or longer in other types of cases. Our legal team can inform you about how the statute of limitations applies to your case.
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Who Can File a Wrongful Death Claim in Dublin, OH?
In Ohio, a personal representative of the decedent’s estate can file a wrongful death suit on behalf of the estate and certain family members. Often, the executor of the decedent’s will can file suit and represent all the deceased’s beneficiaries (family members). If there is no will, the court will appoint a personal representative.
Simply being related to the deceased is not enough to recover damages in a wrongful death claim. In order to be eligible for compensation, family members named in the suit must have suffered a compensable loss.
In Ohio, qualifying claimants for wrongful death lawsuits include:
- The surviving spouse
- The surviving child(ren)
- The surviving parents
Other family members will have to prove to the court that they suffered a compensable loss to potentially recover damages. However, if a parent abandoned a child, they will be unable to benefit from a wrongful death claim for that child.
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How You Can Prove Your Loved One’s Death was Wrongful
Once a personal representative has filed a claim, plaintiffs must prove that the defendants named in the suit were responsible for the decedent’s passing. In general, you will have to establish certain elements to prove your claim.
The Defendant’s Negligence Caused the Death of the Decedent
First, your Dublin, OH, lawyer will need to establish that the actions of the defendant were wholly or partially responsible for your loved one’s wrongful death. Establishing negligence will require that we prove:
- Duty:The defendant owed a legal duty to the deceased. For example, drivers must drive safely to prevent causing undue harm to other road users.
- Breach of duty:The defendant breached their duty to the deceased. For example, they breached their duty to keep others safe on the road by texting while driving, driving while intoxicated, or driving while fatigued.
- Causation:The defendant’s negligence caused the fatality. Proving causation requires you to prove that the death would not have occurred had it not been for the defendant’s negligence. For example, the accident that killed your loved one would not have occurred had the defendant not been distracted while driving.
- Death of the decedent:The decedent died as a result of the accident.
The team at Bressman Law will handle proving the four elements of negligence. We will investigate the accident, interview eyewitnesses, and work with experts to determine the cause of death and calculate your losses.
Surviving Family Members are Suffering Monetarily Due to the Death of the Decedent
To recover damages for wrongful death, you will need to show that family members are experiencing financial difficulty as a result of the decedent’s death. For example, if you were financially dependent on your loved one, their death might have caused you significant financial damage.
Your Loved One Gets Appointed a Personal Representative
Finally, you must prove that your loved one was appointed a personal representative to bring a lawsuit on behalf of the deceased’s family.
What You Could Recover From a Dublin, OH, Wrongful Death Claim
According to Ohio Revised Code (ORC) §2125.02, the following damages are recoverable in an Ohio wrongful death suit:
- Loss of the decedent’s services
- Loss of support (determined by potential earning capacity of the deceased)
- Loss of prospective inheritance
- Mental anguish experienced by survivors
- Loss of companionship, care, guidance, etc., suffered by survivors
If we can establish by a preponderance of the evidence that the defendant’s negligence caused your loved one’s death, the court will likely award your family wrongful death damages. Proving liability by a preponderance of the evidence means that the defendant is more likely than not to be responsible for the decedent’s death.
Where You Can Hire a Wrongful Death Lawyer Near You
No amount of money can undo the tragedy that took the life of your loved one. However, a successful wrongful death suit can provide you with the financial support your family needs during this tumultuous time.
If your loved one passed due to wrongful death around Dublin, OH, your lawyer will be in your corner. Bressman Law has handled countless wrongful death cases and can hold the parties responsible for your loved one’s death accountable. Our team will handle all aspects of your case, allowing you to focus on taking care of yourself and your family.
Get a Free Case Evaluation From the Team at Bressman Law
Our team of wrongful death attorneys works on a contingency-fee-basis. So, you are not obligated to pay any attorney’s fees unless we win your case. Should you win, we take our percentage out of your compensation award. Otherwise, you owe us nothing. Do not hesitate to reach out today to learn more about our legal services.
Call us Today
Contact Bressman Law to file your wrongful death claim today. You can speak with a member of our team and get a free initial consultation about your case.