Losing a loved one is a very emotional and trying experience. Often, the pain of losing a loved one is exacerbated by the knowledge that the accident was the result of somebody else’s negligence or recklessness. When a person is wrongfully killed, family members have the right to file a wrongful death suit for damages. In such cases, a wrongful death lawyer serving Gahanna from Bressman Law can help families file a claim for damages.
Defining a Wrongful Death Suit
A wrongful death suit is a lawsuit that’s filed in civil court and, therefore, is very different than a manslaughter or murder trial, which is handled in criminal court. A wrongful death suit cannot be filed for the death of a person alone. Ohio Revised Code Section 2125.01 stipulates that an action for wrongful death can be filed only when “the death of a person is caused by wrongful act, neglect or default, which would have entitled the party injured to maintain an action and recover damages if death had not ensued…”
In other words, a wrongful death claim can be filed only if the victim would have been legally able to file a personal injury suit for damages had the injury not resulted in death. Thus, your claim must prove that the defendant was negligent; negligence led to the accident and resultant death; and that the survivors of the deceased suffered damages.
For a free legal consultation with a wrongful death attorney in Gahanna, call (614) 538-1116
Who Can File a Wrongful Death Suit in Ohio?
Not everyone can file a wrongful death suit in Ohio. Instead, Ohio Revised Code Section 2125.02 states that only the personal representative of the deceased can file a wrongful death suit for damages. This may be a family member or another party. However, the wrongful death claim is filed for the benefit of surviving family members, including the spouse of the deceased, any children of the deceased, and the deceased’s parents.
Gahanna Wrongful Death Attorney (614) 538-1116
Damages Recoverable in a Wrongful Death Suit
The damages that may be awarded in the case of the wrongful death of a loved one include the loss of support of the deceased, loss of services, loss of companionship, loss of prospective inheritance, and mental anguish, according to Ohio Revised Code Section 2125.02. The specific amount awarded will vary on a case-by-case basis. In Ohio, there is no limit on the amount of damages that may be awarded in a wrongful death case, either economic or non-economic.
In order to file a wrongful death claim for damages in the state of Ohio, the personal representative of the deceased must do so within two years of the deceased’s date of death, as stated in Ohio Revised Code Section 2125.02(D)(1).
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Why the Wrongful Death Attorney You Choose Matters
Filing a wrongful death case for benefits requires a thorough understanding of the law, as well as knowledge regarding how to prove negligence and liability. When filing a wrongful death claim, one of the most important things that you can do is to seek the counsel of the right lawyer for the job. The right attorney will provide you with relevant and helpful information you need and will work to get you and your family the compensation you deserve.
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Our Wrongful Death Attorney Serving Gahanna Will Uncover the Cause of Your Loved One’s Demise
The unexpected loss of a loved one can leave your family reeling. When our law firm handles your case, we make sure your family has time to cope with your loss by taking on all the legal legwork. We also work hard to prove the cause of your loved one’s demise and establish your right to damages.
Causes of wrongful death may include:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Medical malpractice
- Nursing home abuse
- Nursing home neglect
- Defective products
When we take on your case, we start by listening to your story and learning about your family. We also collect evidence on your behalf to prove the cause and cost of your financial recovery.
Your Lawyer Will Build an Evidence File That Supports Financial Compensation
To qualify for wrongful death compensation, your loved one’s demise must have been caused by the negligence of another person or entity. This means proving the at-fault party:
- Owed your loved one a duty of care
- Breached their responsibility to provide it
- Caused your loved one’s injuries and demise
- Caused the accident’s subsequent financial consequences
Our law firm will conduct a comprehensive investigation into the cause of your loved one’s demise. These elements of negligence are proven with the evidence our investigation uncovers. When we prepare your evidence file, we include the following:
- Your loved one’s death certificate which will state their cause of death
- Police, incident, and other reports that document the cause of the accident
- Statements from any witnesses who can corroborate your family’s case
Medical records and other documentation that supports your right to compensation. Leave the hard work of building your case to us. We will compile, organize, and submit your evidence and supporting documentation while you take care of your family.
Why Previous Clients Recommend Our Law Firm’s Service and Support
When previous clients share their experience with our law firm, they leave reviews and recommendations like the following:
- Keith Harmon: “Very pleased with the work Bressman Law did for my family. I would highly recommend them to anyone. Went above and beyond to answer any question or concern we had. Hope I never need a lawyer again but if I do Mr. Bressman will be the first person I contact.”
- David Manthei: “Jedidiah Bressman helped my family recover from a traumatic accident by making sure the responsible parties were held accountable. He’s not only personable and easy to talk to, he’s a wise attorney who knows the law and was able to talk us through every step of the way.”
You never have to seek compensation on your own when our team is on your side. You can browse additional reviews on our client testimonials page and learn more about what it means to trust your family’s financial recovery to our client-focused legal team.
Contact Us To Learn More About How Our Wrongful Death Lawyers Can Help
At Bressman Law, we have what it takes to make sure your family gets the legal support you need. If you have questions about how to file a wrongful death claim, or how to prove the liability of the responsible party, a wrongful death lawyer serving Gahanna from our firm can help.
To get started, contact one of our team members today.