All too often, car collisions, motorcycle accidents, truck wrecks, and other types of auto crashes result in the devastating and tragic loss of life. If you lost someone you love in a recent auto accident, a wrongful death attorney could help you take legal action against those responsible. They can explain how motor vehicle accident wrongful death claims work in Findlay and help you pursue compensation for your loss through the courts.
When a person is fatally harmed in a motor vehicle accident, damages can be recovered to compensate the victim’s family and estate for losses resulting from the death. In the state of Ohio, only the personal representative appointed to settle the decedent’s estate can file a wrongful death lawsuit on behalf of any interested parties. If the deceased passed without having chosen a personal estate representative, the court would select an individual to act as the representative of the deceased individual’s estate.
The court can award several different forms of compensation in a wrongful death lawsuit, including damages for emotional distress, loss of the decedent’s earnings, loss of consortium, and loss of conjugal fellowship. Compensation for loss of the inheritance, which would have been bequeathed upon the decedent’s beneficiaries if not for their death, could also be recoverable. All Findlay motor vehicle crash wrongful death claims must be filed within two years of the victim’s death, as per Ohio Revised Code § 2125.02.
Roadway accidents are one of the leading causes of fatality in the nation. According to the Association for Safe International Road Travel (ASIRT), more than 37,000 individuals lose their lives in motor vehicle accidents annually. Some common causes of deadly roadway crashes include:
To collect compensation in a Findlay auto accident wrongful death claim, the plaintiff must prove the at-fault party’s behavior constituted negligence. The plaintiff is required to show that the at-fault party owed the decedent a duty of care, violated that duty, and that the victim’s death was the direct result of that breach of duty.
All drivers are bound by a legal duty to use reasonable care when operating a vehicle to avoid causing foreseeable accidents. If a driver fails to observe this duty (i.e., drives while impaired by alcohol or drugs) and causes an accident that results in a fatality, they can be held liable for wrongful death damages. A knowledgeable wrongful death attorney can collect all the evidence possible to support a strong case for damages and ensure that the responsible party or parties are held accountable for their negligence.
A qualified attorney can answer your questions about Findlay motor vehicle accident wrongful death claims and help you file your case on time. They can ensure your rights are well protected throughout the legal process and negotiate with the at-fault party’s insurance company for all damages you could be entitled to.
Call now to book your initial case consultation with a Findlay lawyer.
Charles E. Boyk Law Offices, LLC