Gahanna Wrongful Death Lawyer
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 Gahanna wrongful death lawyer 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 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.
Who can file a wrongful death suit in Ohio?
Not everyone can file a wrongful death suit in Ohio. Instead, Ohio law 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 other 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.
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 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 2125.02(D)(1). As such, do not waste any time — get in touch with a legal representative today.
Why the 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.
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 Gahanna wrongful death lawyer from our firm can help. To get started today, call us now at 1-866-777-6680.