If you recently lost a loved one due to the negligence of another party, you might be entitled to a settlement for your loss. This can be accomplished through a wrongful death claim. The state of Ohio has very specific laws regarding how these claims must be brought, so speak with a legal professional in Cleveland to discuss your particular case.
Basis of a Wrongful Death Case
Not all deaths qualify for a wrongful death claim. Ohio Revised Statutes Section 2125 provides the rules and regulations for filing these claims. In order to be eligible for damages related to your loved one’s death, the following factors must be true:
- the death must have occurred as the result of another party’s actions;
- the responsible party must have acted in a way deemed “negligent”;
- you must be the surviving spouse, children, dependent or other approved beneficiary; and
- you must have sustained damages as a result of your loved one’s death.
Types of Wrongful Death Claims
Nearly any type of fatal accident or injury that occurs as the result of a party’s negligence can qualify as the basis for a wrongful death claim. Some of the types of cases our firm handles for victims’ family members include:
- car, truck and motorcycle accidents;
- slip and fall accidents;
- defective and unsafe products;
- bicycle and pedestrian accidents;
- work-related deaths;
- animal attacks;
- drowning; and
- accidents on public and private premises.
It’s important to note that only the “personal representative” of the deceased can bring wrongful death claims. This representative must be appointed by a judge in probate court. Once appointed, the representative then can file a claim on behalf of the eligible family members.
Compensable Damages in a Wrongful Death Claim
Ohio law recognizes that there are myriad ways survivors suffer loss when their loved ones die. To accommodate this, the statutes provide that immediate family members can attempt to recover a wide range of damages in a wrongful death claim if a loved one’s death was the result of negligence.
There are numerous types of damages survivors may be able to recover, including:
- loss of financial support;
- mental anguish;
- loss of services your loved one provided, such as child care, housework, etc.;
- loss of companionship;
- loss of advice, instruction and counsel your loved one would have provided; and
- loss of inheritance.
There are numerous compensable damages for which you may qualify. Work closely with an attorney to account thoroughly for your losses and to calculate the value of your claim accurately.
Get a FREE Consultation in Cleveland with a Wrongful Death Lawyer
Our team at Bressman Law is sensitive to the loss our clients feel. We give each of our clients the care and time their cases deserve and work diligently to help them through the claims process.
If you reside in or near Cleveland, call our team to discuss your claim. We will go over the specifics of your case, answer any questions you may have and determine how we may be of assistance to you. Contact us for a free, no-obligation consultation today at 877-538-1116.