The Ohio Wrongful Death Claims Controlled By Statute | Sylvania, Ohio fatal accident lawyer Chuck Boyk

Toledo, Ohio Wrongful death claims are mostly controlled by Ohio Revised Code §§ 2125.01, 2125.02, and 2125.03. Those code sections come from the state's probate laws.

The law allows the executor or administrator of the deceased person's estate to bring a claim against the person or entity whose negligent conduct or wrongful act caused the decedent's death.A Bowling Green, Ohio wrongful death accident case can be brought if the decedent could have maintained a claim for negligence or wrongful conduct had the death not occurred. That means the executor would need to show that the other party acted in a negligent or wrongful way and that conduct caused the death. Wrongful death cases can be brought for negligent acts such as car accidents and medical malpractice or criminal acts like murder and manslaughter.

To prove the Findlay, Ohio tragic death case in a negligence context, the executor must show that the defendant owed a duty of care to the decedent; that duty of care was breached; the breach caused the decedent's injuries and death; and that the decedent's estate and beneficiaries suffered damages.

The Perrysburg, Ohio tragic accident case must be proven by a standard called "preponderance of the evidence," which roughly means that the evidence must tilt more in the favor of the executor than the defendant. Attorneys often explain the standard by telling jurors they just need to prove their case by 51 percent, which is well short of the reasonable doubt standard that we've all seen in television dramas depicting criminal trials.

If you or someone you know has lost a loved one to tragic circumstances, you need information. Order your FREE copy of The Ohio Wrongful Death Book to learn your rights. Our attorneys are available 24 hours a day, seven days a week, and we have six locations in northwest Ohio where we can meet with you - for free - to discuss your case.