Filing A Wrongful Death Claim
What is wrongful death?
A wrongful death claim can be filed if a loved one’s death was caused by the reckless behavior of another. This includes carelessness, negligence, or lack of skill, all resulting in the fatality of another person.
There are several circumstances in which wrongful death can occur. They include the following:
- Drunk driving
- Reckless driving
- Medical malpractice
- Defective machinery or products
- Premises liability
- Improper supervision
- Prisoner abuse
- Nursing home abuse
Two of the above instances, prisoner abuse and nursing home abuse, are common problems found in institutions today. Factors that contribute to institutional cases of wrongful death are abuse, neglect, malnutrition, and inadequate health care and supervision.
A medical professional must always provide the best medical care possible. If someone you know suffered a suspicious death that may have been caused by the carelessness or negligence of another person, it is important to react appropriately.
Filing a wrongful death claim
In Ohio, a surviving spouse must file the wrongful death claim of their loved one. In the event that there is no surviving spouse, the children or parents may file the claim.
What can be claimed in a wrongful death suit?
The claimant of a wrongful death suit can claim the full value of the deceased had the accident, resulting in their death, never occurred. This includes lifetime income, and pain and suffering considerations (loss of companionship and loss of enjoyment of life).
How should I file a wrongful death claim?
Filing a wrongful death suit can be complicated. It is important to have a knowledgeable attorney to help with the legal process. It is also imperative to involve an attorney as soon as possible, not waiting too long after the death. There are several technical issues that an attorney must attend to early on.
Does the wrongful death claim usually go to trial?
Oftentimes, the wrongful death claim will be settled before trial. However, this doesn’t mean that the process is not a long one. The negotiation process can last as long as a year, with both parties going back and forth.
In the event that the claim would be brought to trial, the process could last years. It is very important to have a knowledgeable attorney with the experience necessary to help you in your case.
Wrongful death attorneys in Ohio
The attorneys at The Charles E. Boy Law Offices have the necessary experience and skill when it comes to a wrongful death claim. If your loved one who’s death resulted from carelessness, negligence, or reckless behavior, call our Ohio wrongful death attorneys at 800.637.8170 for a free case evaluation or order your free copy of The Ohio Wrongful Death Book. We can help properly file a wrongful death claim, and help you to receive the full value of the deceased.