Dayton Wrongful Death Lawyers

Unfortunately, many accidents end in fatality. These are cases of wrongful death and they too can be pursued legally. Although the person who was killed cannot take their case to court, the family of that person can file a wrongful death claim. The reckless behaviors or negligent inactions of another person should not go unaddressed simply because the person who lost their life is not around to pursue the matter. The loved ones of someone who has been killed as a result of wrongful death have just as much right to seek justice on behalf of their loss.

Wrongful death claims are brought by civil action when the loved ones of the deceased are attempting to be compensated for death-related expenses. These may include the financial strain that may be put on the family as a result of lost income, medical expenses that the family has been left with, or grievance and bereavement compensations.

Personal injury and wrongful death lawsuits have one thing in common: They arise when the negligent, reckless, or intentional actions of another cause one to suffer harm. Whatever the particular instances of the claim, both cases involve negligence. Other than that common factor, these claims are very different and their differences must be understood before a person attempts to file either of them. The key difference in these cases is who brings the case forward. Injured victims file personal injury lawsuits, while surviving family members can file wrongful death claims on behalf of a loved one who has passed. 

Under Ohio Revised Code § 2125.02, a wrongful death claim must be brought by the personal representative of the deceased person’s estate. This individual is either named in the will or appointed by the probate court and acts as the legal party responsible for filing the claim. Although the personal representative files the lawsuit, the claim is pursued on behalf of the decedent’s surviving family members, who are entitled to compensation for their losses. Eligible beneficiaries typically include:

• Spouse
• Children, including adopted children
• Parents of the deceased

In some cases, other close relatives, also known as next of kin, may also be entitled to recover damages. This can include siblings, grandparents, or other blood relatives who depended financially or emotionally on the deceased.

It is important to note that a statute of limitations exists in cases of wrongful death claims. This time period is typically two years from the date of death to bring a wrongful death claim in Ohio.  This means that there is a time limit for how long you can wait before filing a wrongful death claim, so you must act quickly when addressing these issues if you and your loved ones wish to receive accurate compensation.

In matters like this, it is important to speak to a personal injury lawyer to make sure all of your rights are protected.

Wrongful death claims are emotionally complex and legally challenging. An experienced attorney can help you navigate the legal process while you focus on healing.  Our lawyers are here to help you understand your rights and seek the compensation your family deserves. Expect and experienced wrongful death lawyer to negotiate with insurance companies, calculate the full value of your losses, build a compelling case, and represent you in court if settlement is not possible.

We work on a contingency fee basis, meaning you don’t pay anything unless we win your case. That includes all case-related expenses, expert consultations, and hours spent building your claim. We take our fee from the final recovery, not from your pocket.

In most wrongful death cases, you will not be barred from recovering compensation even if you or your loved one was partially at fault for the death. A person becomes partially at fault when their injuries were sustained as a result of negligence on behalf of another party, but not completely. If you think that just because you were partially responsible for your injuries that you are not liable to compensation, you are. Whether you were involved in a construction accident, a slip and fall accident, or any other type of accident where you sustained injuries, you may be entitled to compensation even if you are partially to blame.

In every wrongful death case, your primary goal is to secure a timely settlement. This is accomplished through informal talks and formal discussions that are commonly called “mediation” sessions. At a mediation session, lawyers and both parties are present at the conference table. The lawyers will speak for their clients, presenting each side of the case. The mediator that is present to steer the course of the session will ask questions of the parties themselves and after this session is over, ask questions of each side individually.

Any recovery in a wrongful death claim will depend on the unique facts and legal issues involved in the case. Some of the factors that can contribute to the amount of compensation may be extent of injury, the time it takes to recover, the amount of negligence that contributed to the injury, the nature of the people involved, and the evidence that is brought forth. If you are in need of an estimate for your particular injury case, it would be best to consult with a personal injury lawyer.

It is near impossible to determine the exact amount that you may be able to recover because of the countless unique factors particular to every case. If you were injured on the job at the fault of your employer and you had to take time off of work, it is likely that you will be compensated for your lost wages during your recovery time.

Another thing that likely would be compensated for would be necessary medical expenses. Again, varying case to case, but it is likely you will at least get your medical expenses relating to said injury covered. In order to accomplish that objective, your claim must be thoroughly investigated and analyzed by varying professionals, including consulting with experts and researching databases that will help to determine the fair amount for your type of claim. This preparation not only helps when in front of a judge, jury, or arbitration panel, but it also gives a position of strength at the negotiating table when seeking to secure a timely settlement. 

Under Ohio Revised Code § 2305.21, if someone suffers a personal injury and later dies from those injuries, their right to pursue a personal injury claim does not die with them. Instead, that right “survives” and passes to their estate. The estate’s personal representative may file a survivorship claim to recover the following damages:

• Medical bills incurred from the time of injury until death
• Lost wages or diminished earning capacity before death
• Pain and suffering, emotional distress, and fear of impending death

These damages are paid to the estate, not directly to family members. After paying debts and administrative expenses, the remaining funds are distributed to heirs according to the victim’s will or, if there is no will, under Ohio intestacy law. In most cases, a survivorship claim must be filed within two years from the date of the injury and not the date of death. For example:

• If a person was injured and survived for several months before passing, the two-year clock began at the time of the injury.
• In certain cases like medical malpractice, the deadline may differ depending on when the injury was discovered 
  

Failure to file within the applicable time limit can permanently bar the claim, even if a related wrongful death lawsuit is still within its allowable filing window.

If you’ve lost a loved one due to someone else’s negligence, you may be entitled to more than just a wrongful death claim. Attorney Michael Wright has the experience, and legal insight to help families navigate this process. Our Dayton attorneys are committed to securing full compensation for every aspect of your loss. Call (937) 222-7477 or contact us online today to schedule your free, confidential consultation.