The loss of a loved one or family member at the expense of someone’s negligent conduct can be one of the most frustrating and helpless feelings a family can go through. Unfortunately, filing a lawsuit against the offending party to recover compensation for your loss is often far from a simple task.
If insurance companies and defense attorneys create roadblocks to prevent you from receiving the compensation you deserve, a compassionate personal injury attorney may be able to help. Consider consulting a Fremont wrongful death lawyer for assistance seeking financial restitution and closure after the wrongful loss of a loved one.
Filing a Wrongful Death Claim in Fremont
To file a successful wrongful death claim in the state of Ohio, the decedent’s personal representative must have evidence to prove that the defendant’s negligent actions directly caused that person’s death. Depending on the circumstances, a Fremont wrongful death attorney may file either a wrongful death claim or a survival claim. If the victim of a wrongful death lived for any period between an accident that fatally injured them and their passing, their surviving family may bring both civil actions.
Wrongful Death Claims
Ohio Revised Code §2125.01 sets forth acceptable conditions for filing a wrongful death claim. First and foremost, the decedent’s estate can bring a wrongful death action against the negligent party even if the negligent party also died from the same accident. In such a scenario, the negligent party’s estate or personal representative(s) would remain liable on their behalf.
The decedent’s estate cannot, however, bring an action against the owner or manager of real property where an unprovoked attack that resulted in death occurred unless the acts or omissions of the owner constitutes gross negligence. Furthermore, if a resident of Fremont suffers a wrongful death outside the state of Ohio or in a foreign country, the state of Ohio has jurisdiction to enforce their wrongful death laws during any ensuing civil case.
Parties to a Wrongful Death Claim
In Ohio, a personal representative of the decedent may bring a wrongful death civil claim on behalf of their:
- Surviving spouse
- Children or parents
- Adoptive parents
- Other next of kin
However, a parent who abandoned a minor child cannot recover compensation if that child suffers a wrongful death. An experienced lawyer could help someone if they have questions regarding who is eligible to file a claim.
Survivor’s Rights in Fremont
Survivors of the decedent can file a survivor’s claim for damages that occurred between the time the decedent suffered injury and their death. Even though the decedent succumbed to their injuries, their family can still pursue a civil claim on their behalf.
A survivor’s claim can include various economic damages, including medical bills, loss of past and future wages, rehabilitation costs, and property damage. In addition, survivors can claim non-economic damages as well. These damages may include pain and suffering, loss of enjoyment of life, or loss of consortium.
Wrongful Death Damages
There is no amount of money that can make up for losing a loved one. However, Ohio recognizes the following as economic damages that surviving family may claim under Ohio Revised Code §2125.02(B):
- Loss of support of earning capacity of the decedent
- Loss of services of the decedent
- Loss of society of the decedent
- Loss of prospective inheritance to the decedent’s heirs
- Mental anguish incurred by the surviving spouse, children and other survivors
Ohio Revised Code §2125.02 (D)(1) allows two years after a wrongful death for the decedent’s personal representative to file a civil action. After a private consultation, a Fremont wrongful death lawyer could begin to assess damages and build a case for a deceased person’s loved ones.
Contact a Fremont Wrongful Death Attorney Today
You should not take on filing a wrongful death claim alone, especially while still grieving for the loss of your loved one. A Fremont wrongful death lawyer could listen to the facts of your case and handle the difficulties of communicating with insurance companies and potential defendants during these challenging times. When you are ready, call to schedule a consultation and start seeking restitution for your loss.