Findlay Wrongful Death Lawyer  

If a person has died because of someone else’s negligent actions, their estate can still sue the person on the deceased person’s behalf. While the deceased will not need the money, that money will go into their estate to be distributed as per their will or through Ohio’s inheritance laws.

Losing a family member is emotionally hard and can be more difficult if you are worried that you cannot financially survive without that person.

If the breadwinner in your family has passed away because of another person’s acts, you may be able to recoup some of your financial losses by filing a wrongful death suit. Call our trusted injury attorneys today to begin working with a Findlay wrongful death lawyer.

Statute of Limitations in Wrongful Death Cases

The general statute of limitations for filing a lawsuit based on wrongful death is two years from the date of the death.

One exception to this rule is if the wrongful death was due to a product liability claim. In that situation, the person has up to ten years from the day the product was purchased or used in order to file their claim.

Each situation may have its own special circumstances that allow further exceptions but to get a better understanding of what statute of limitations applies in someone’s case, they should speak with a Findlay wrongful death lawyer.

Wrongful Death Laws in Ohio

Under the law in Ohio, a person can sue for a wrongful death if the death occurred because of someone’s negligence or wrongful act.  The administrator or executor of the estate of the deceased person can initiate a wrongful death suit.

If the wrongful death suit is based on another person’s negligence, the Findlay wrongful death lawyer  will need to show that the other person or company acted negligently and that caused the person’s death. There are four elements that must be proved to establish negligence.

Negligence requires:

• A duty of care
• A breach of that duty of care
• Actual and proximate cause
• Damages

Proving Negligence

The general duty of care is the duty to act as a reasonable person would act under the same circumstances. However, depending on the specific situation there may be additional duties such as a doctor has a professional duty of care or a parent has a duty to act for their child. A duty of care is breached when someone fails to act as a reasonable person or fails the duty of care that they owe to another person.

Actual cause occurs when the death would not have happened if not for the person’s negligent act.

Proximate cause means that there was no other act in between the negligence and the death that cuts off liability. Also, it should have been foreseeable that the conduct could have caused injury.

Lastly, there must be damages or in this case, it would be the death of the person.

Losing a loved one unexpectedly is a tragedy no family should have to face. When that loss stems from someone else’s careless or reckless behavior, the emotional toll can be compounded by anger, confusion, and unanswered questions. If you’re grieving the sudden death of a family member and wondering what legal options are available to you, a Findlay wrongful death lawyer at Charles E. Boyk Law Offices may be able to help.

Who Can Sue for Wrongful Death?

A wrongful death claim is a type of civil lawsuit that may be brought when a person’s death is caused by negligence, reckless actions, or intentional misconduct of another party. This legal action seeks to hold the at-fault party accountable and obtain compensation for the harm suffered by the deceased person’s surviving loved ones. Common situations that may lead to a wrongful death claim include fatal car accidents, medical malpractice, workplace incidents, defective products, or criminal acts such as assault.

However, not just anyone can file a wrongful death lawsuit. State law requires that the personal representative (sometimes called the executor or administrator) of the deceased person’s estate be the one to file the claim. This representative is typically named in the deceased individual’s will. If no valid will exists, the probate court will appoint someone—often a close family member—to serve in this role.

Even though the personal representative is the one who initiates the legal action, the damages awarded in a successful wrongful death claim are not for the benefit of the estate itself. Instead, the compensation is distributed among certain surviving family members. This usually includes the deceased’s spouse, children, and parents, though in some cases, other relatives who can prove they suffered losses due to the death may also be eligible. The law presumes these family members have experienced both emotional grief and financial hardship, such as the loss of income, companionship, support, or guidance that the deceased would have provided.

Navigating the legal process of a wrongful death claim can be complex, especially during a time of mourning. A knowledgeable wrongful death lawyer in Findlay can guide the personal representative through each step—ensuring that the proper parties are represented, all eligible beneficiaries are considered, and critical legal deadlines (such as the statute of limitations) are not missed. With experienced legal counsel, families can focus on healing while pursuing the justice and financial support they deserve.

Types of Compensation in a Wrongful Death Case

The loss of a loved one affects families in countless ways, and wrongful death lawsuits are designed to reflect the full scope of that harm. Damages may include both economic and non-economic losses, which are paid to the surviving family members. A Findlay attorney familiar with wrongful death claims can work to identify every possible category of compensation and advocate for the family’s best interests.

Common types of compensation in these cases include funeral and burial expenses, lost financial support (such as income or benefits the deceased would have earned), and loss of companionship, care, and guidance. In certain cases, punitive damages may also be awarded—especially if the wrongful death resulted from egregious misconduct, such as drunk driving or intentional violence. Because every family’s losses are different, it’s important to work with a lawyer who can evaluate the full impact of the death and pursue a resolution that supports your future stability and healing.

How a Wrongful Death Claim Works in Findlay

Filing a wrongful death claim is a multi-step process that can vary depending on the specific circumstances of your loved one’s passing. After identifying the personal representative and confirming eligibility under the law, your attorney will begin investigating the cause of death. This may involve collecting medical records, interviewing witnesses, consulting with experts, and reviewing police or accident reports.

In many cases, the liable party’s insurance company will be involved. The lawyer can handle communication and negotiations with the insurer to seek a fair settlement without requiring a trial. However, if negotiations are unsuccessful, your attorney may recommend filing a lawsuit in civil court. Once a case is filed, both sides engage in discovery—an evidence-sharing process—before a trial date is set.

Under the law, wrongful death claims must be filed within two years of the date of death. Missing this deadline can bar the family from recovering any compensation. For this reason, it’s crucial to speak with a knowledgeable attorney in Findlay as soon as possible.

Common Causes of Wrongful Death

Wrongful death can result from a wide range of negligent or intentional acts. Some of the most common causes seen in Findlay include car crashes, truck collisions, medical malpractice, defective products, construction accidents, and workplace injuries. In some tragic cases, nursing home abuse or neglect may also lead to fatal outcomes—particularly when facilities fail to provide proper care or safety protocols.

Motor vehicle accidents remain one of the leading sources of wrongful death cases in the state. If a loved one passed away in a car accident, it’s important to know that the state follows a comparative fault system. This means that even if your loved one was partially at fault for the accident, your family may still be eligible to recover damages—though the amount could be reduced based on their share of responsibility.

By working with a local attorney who understands the specific legal nuances of wrongful death cases in Findlay, your family can focus on grieving and healing while your legal team focuses on building the strongest case possible.

Speak with a Findlay Wrongful Death Attorney Today

A Findlay wrongful death lawyer can help you understand the law and help you navigate the legal process in filing a lawsuit. Your attorney can also help you understand what your time limit to file a complaint is and how long the process may take.

Additionally, your attorney can present you with options such as litigation or negotiation with the other side. By speaking with a Findlay wrongful death lawyer, you can not only get better information about the law, but also about what options best fit your needs.