Wrongful Death Lawyer Near Me
One of the hardest things in life to go through is losing a loved one in a tragic accident. Finding out that the death was the result of another party’s negligence makes it even more painful. Filing a wrongful death lawsuit against the parties responsible for the death may help provide your family with some stability during this difficult time.
You do not need to go through this process alone. At Bressman Law, we help the families of accident victims acquire the resources they need to move forward after a devastating fatality. Call a wrongful death lawyer in Dublin, OH today: 877-538-1116.
What wrongful death cases do you handle?
A wrongful death under Ohio law is any death that occurs due to a third party’s “wrongful act, neglect, or default.” We handle all types of wrongful death cases including:
- Motor vehicle accidents: A negligent driver can cause fatal injuries in car, truck, motorcycle, pedestrianbicycle, and other types of traffic accidents.
- Construction accidents: Construction workers or pedestrians near a construction site are sometimes killed by heavy equipment, falling objects, and other construction-related accidents. Many construction accidents occur due to a contractor, property owner, or manufacturer’s negligence.
- Dangerous or defective products: Dangerous and defective products and drugs cause countless deaths each year. You may be able to hold the manufacturer liable for your loved one’s death.
How long do I have to file a wrongful death claim in Dublin, OH?
Every cause of action has its own statute of limitations. According to the Oh. Rev. Code § 2125.02(D), the statute of limitations for wrongful death cases in Ohio is two years from the date of the decedent’s death. The statute of limitations may be shorter in medical malpractice cases, or longer in other cases. Please consult a lawyer at Bressman Law regarding the statute of limitations that applies to your case.
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. To ensure you meet all deadlines, talk to David Bressman as soon as possible after your loved one’s death.
Who can file a Dublin, OH wrongful death claim?
In Ohio, a personal representative of the deceased person’s estate can file a wrongful death suit on behalf of the estate and certain family members. Oftentimes, the executor of the deceased’s will can file suit and represent all the deceased’s beneficiaries, or 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, the surviving spouse, children, and parents of the deceased are legally presumed to have suffered a compensable loss. However, other family members will have to prove to the court that they suffered a compensable loss to potentially recover damages.
Note: If a parent abandoned a child, she will be unable to benefit from a wrongful death claim for that child.
How can I prove my 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 death of decedent. In general, you will have to establish certain elements to prove your claim.
Defendant’s Negligence Caused the Death of the Decedent
First, we will need to establish that the actions of the defendant were wholly or partially responsible for your loved one’s death. Establishing negligence will require 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: The defendant breached his duty to the deceased, e.g., texting, driving while intoxicated, driving while fatigued, etc.
- 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, your loved one would not have died had the defendant not hit her with his car while responding to a text.
- Death of the decedent: The decedent died as a result of the accident.
The Bressman Law team 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 to calculate your losses.
Existence of Surviving Family Members Suffering Monetarily Due to Death of Decedent
To recover damages for a wrongful death, you will need to show that family members are experiencing financial difficulty as a result of the decedent’s death. For example, the wife of someone who died in a pedestrian accident may be suffering financially if the deceased was the primary breadwinner in the home.
Appointment of Personal Representative
Finally, you must prove the existence of a personal representative appointed to bring suit on behalf of the deceased’s family.
What can I recover from a Dublin, OH wrongful death claim?
According to Oh. Rev. Code § 2125.02(B), the following damages are recoverable in an Ohio wrongful death suit:
- Loss of 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 can I speak with a wrongful death lawyer near me?
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 died due to another party’s negligence in or around Dublin, OH, you have someone in your corner. Bressman Law has handled countless wrongful death cases and can hold the parties responsible for your loved one’s death accountable. David will handle all aspects of your case, allowing you to focus on taking care of yourself and your family.
Contact Bressman Law at 877-538-1116 to file your wrongful death claim today.
This article is not a substitute for the advice of a lawyer. Please consult a licensed lawyer in Ohio to discuss the specifics of your case.