If your loved one passed away unexpectedly due to another party’s negligence, you might be facing many challenges. No legal action or jury verdict will bring your loved one back, but seeking a settlement can offer security for you and your family.
Unfortunately, pursuing fair financial compensation can be complicated. A wrongful death lawyer serving Hilliard can be an advocate fighting for you and your legal rights. Bressman Law can handle the process of negotiating with the insurance company, leaving you free to be with your loved ones during this time.
Can I Seek Compensation for a Loved One’s Wrongful Death?
If the negligence of another caused your loved one’s accidental death, you can–and should–pursue legal action. Seeking a fair financial settlement will help to ensure that you and your family can keep a roof over your heads and pay the bills that your deceased loved one may have handled prior to their passing.
In Ohio, a wrongful death lawsuit must be filed by the personal representative or executor of the deceased person’s estate, according to Ohio Revised Code Section 2125.02. If your loved one had a will, a personal representative was almost certainly named in it. If your loved one died without a will, the court will choose someone to serve in his or her place.
While you may be entitled to this compensation, the at-fault party’s insurance company will not respect your financial woes or grief as it attempts to minimize the amount it must pay you. A wrongful death lawyer can protect you from the toll of the negotiation process and fight for the best possible outcome in your Hilliard case.
For a free legal consultation with a wrongful death attorney in Hilliard, call (614) 538-1116
What Constitutes Wrongful Death in Hilliard?
Wrongful death occurs due to another party’s negligent or intentional actions. Some common accidents that result in wrongful death include:
- Vehicle accidents: You may have the legal right to pursue a settlement if another party caused the accident that killed your loved one. This includes car, truck, bicycle, pedestrian, motorcycle, bus, and public transportation accidents.
- Workplace/construction site accident: You can recover workers’ compensation benefits if your loved one passed away in a workplace accident. If another onsite party, such as another construction company, acted negligently and caused your loved one’s death, you can file a claim against that party.
- Defective products: Defective products may include anything from faulty home appliances and auto parts to dangerous toys and tools. If your loved one passed away after using a defective or dangerous product, you may be able to hold the manufacturer, designer, or seller liable under strict product liability laws.
- Dog bites: If a dog bite or attack led to your loved one’s fatal injury, you can hold the dog’s owner liable.
You may have legal recourse to pursue a wrongful death suit for any accident resulting from the negligence of another person, company, or organization.
Hilliard Wrongful Death Attorney (614) 538-1116
How Much Is a Wrongful Death Case Worth?
Because every case is different, we cannot give you an exact value. Determining the value of your claim will require us to evaluate the elements and causes of the fatal accident.
Some factors wrongful death lawyers consider when calculating the value of your claim include:
- All medical bills and care costs accrued prior to your loved one’s passing
- All funeral and burial expenses
- The anticipated value of the deceased’s future earnings
- The anticipated value of lost benefits (e.g., medical insurance, 401(k), pension, etc.)
- Loss of companionship, consort, care, and protection
- Pain and suffering
- General damages
- Punitive damages
To support your claim’s value, an attorney will provide medical and funeral bills to substantiate costs to date. To project future values, they may provide wage statements and employer benefit package information. They may also look to subject matter experts to provide testimony on your loved one’s earning potential.
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How to Prove Negligence?
To help you obtain a fair settlement for your loved one’s death, a wrongful death lawyer like David and the Bressman Law team may consult with industry experts related to the accident, review police and first responder reports, interview witnesses, and analyze photos of the accident scene.
Using this information, your attorney will prove the four legal elements of negligence:
- Duty of care: The at-fault party owed a duty of care to your loved one. This might include driving safely, manufacturing safe products, or keeping dangerous dogs contained.
- Breach of duty: The at-fault party failed to exercise its duty of care. A driver texting and speeding behind the wheel is an example of a failure to exercise the duty of care.
- Causation: The conditions that resulted from the at-fault party’s breach of duty led directly to the accident that took your loved one’s life. For example, the texting driver ran a red light and hit your loved one’s car.
- Damages: The wrongful death resulted in damages. A wrongful death lawyer may be able to support your claim for damages using documentation and testimony from subject matter experts.
Once your lawyer has clearly established these elements, the insurance company’s lawyers should be ready to engage in serious negotiations. If the insurer is unwilling to offer a reasonable settlement, your lawyer may recommend filing legal action and taking your case to court.
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Statute of Limitations in Hilliard Wrongful Death Cases
In Hilliard and across Ohio, the statute of limitations restricts the amount of time you have to file a lawsuit in a wrongful death case. According to Ohio Revised Code Section 2125.02, this is generally two years after your loved one’s passing.
It can be difficult to begin a case, but this is one reason why we advise starting the process sooner rather than later. If you miss the statute of limitations deadline, you may be unable to seek compensation later on.
How to Cope With a Loved One’s Sudden Death
When a loved one dies as a result of wrongful death, the mourning process is often considerably different from when a family member dies after a long illness or another unexpected loss. These tips may help you cope with the wrongful death of a loved one.
Concentrate on Remaining Healthy
Return to your usual routine as quickly as possible, and attempt to establish and stick to a timetable. After losing a loved one, most individuals feel out of control. A regular routine might help. You should also attempt to get a good night’s sleep and eat good, nutritional foods.
Make a List of the People Who Can Help You
Surround yourself with relatives and friends that you can trust and who will listen to you. Having a support system you can rely on can help guide you through this difficult time.
Seek Help When You Need It
Some early indications of depression are natural, but if they persist, professional counseling may help. If your grief becomes debilitating depression, a doctor can prescribe medication to help you go back to a better quality of life. Support groups can also provide an outlet for you to express your emotions and receive and provide support from people in similar situations.
Consider Working With a Wrongful Death Lawyer Serving Hillard
Losing a loved one in a wrongful death has far-reaching consequences for some families. They have lost a family member, as well as an income and the companionship and affection that the family member provided. Their house and other assets are also at stake, as they are burdened with medical bills and burial costs. A sympathetic wrongful death attorney may make all the difference in this situation.
Why Choose Bressman Law for Legal Help with Your Wrongful Death Case?
We know that selecting a law firm for assistance with your case is a big choice. When you work with Bressman Law, know that you are working with a team that:
- Has more than six decades of combined experience
- Has the courtroom experience necessary to see your case through trial
- Offers thorough and regular communication to our clients
- Commits to full transparency through every step of your case
- Works for you based on contingency fees
We work hard to ensure that the entire process of your case is smooth, easy to understand, and well supported.
Our Attorneys Require no Upfront Fees To Begin a Case
The cost of hiring a lawyer should not hold you back from seeking legal help. Working based on contingency means several things for you, including:
- You don’t need to worry about hourly fees or retainers.
- You pay nothing unless we win for you.
- You don’t have to carry any of the financial risks of a case.
Bressman Law Can Get to Work on Your Wrongful Death Case
Although no amount of money will bring your loved one back, you and your family may deserve compensation for your loss and protection for your future.
You also deserve professional legal representation from a caring and compassionate law firm. The attorneys at Bressman Law will work tirelessly for you, protecting your legal rights and standing by you every step of the way.
We can answer all your questions and help you determine whether you have a case and, if so, what the potential value of your settlement may be. Call us now.