Losing a family member due to another person’s recklessness is never easy, but a skilled attorney may be able to assist a grieving family member at least in part by explaining the Fremont wrongful death case process.
If you are ready to start pursuing justice for your loved one, it may be time to contact a knowledgeable wrongful death lawyer about what next steps you should take. Let a compassionate legal professional help you during this difficult time.
Initiating a Wrongful Death Claim
The statute of limitations for Fremont wrongful death claims is typically two years from the date of the deceased’s death, as per Ohio Revised Code §2125.02(D). Any claims filed after this time have a much higher risk of being dismissed by a judge.
Wrongful death cases often take at least one year to compile the documentation necessary to file a lawsuit, so it is usually essential to hire an experienced attorney early. During an initial consultation, family members generally should endeavor to provide an attorney with all relevant information, including:
- Personal information of both surviving family and deceased
- Nature of accident
- Expenses related to death
- Any previously collected evidence, such as photos, camera footage, and witness statements
Filing a Wrongful Death Claim
After filing a wrongful death lawsuit in Fremont, it often takes anywhere between 18 months and two years for the legal process to begin. Overall, the entire Fremont wrongful death case process can take about two to four years from the day of the deceased’s death.
In some cases, defendants settle before a lawsuit goes to court and bypass many of the usual complications. Conversely, if the lawsuit goes to an appeals court, the process can be extended even longer.
Ultimately, wrongful death claims are more sophisticated than standard personal injury cases and typically require comprehensive investigation.
Success may hinge on many factors, including the experience level of the wrongful death attorney, the insurance companies, and the circumstances that caused the person’s death.
Recovering Damages in Wrongful Death Cases
The Fremont wrongful death claim process may take many forms depending on the nature of the injury that leads to death. Regardless of the cause of the accident, though, OH Rev. Code §2125.02(A) states that damages can be recovered by:
- The spouse of the deceased
- Children of the deceased, both biological and adopted
- Surviving parents
Other family members may also be eligible to file a wrongful death claim. However, it is important to note that family members outside of the previous three categories are not presumed to have experienced a direct loss from the death and must prove so in court. Recoverable damages for wrongful death cases could include:
- Emotional pain
- Loss of services
- Loss of support from expected earnings of the deceased
- Loss of future inheritance
- Loss of companionship, attention, assistance, and protection
Talk to a Fremont Lawyer About the Wrongful Death Case Process
Given the long period of investigation and court process, seeking professional help from an experienced attorney could substantially increase a wrongful death case’s chance for a positive outcome in court. If you are considering filing a lawsuit on behalf of a deceased loved one, contacting a diligent attorney is often the first step to successfully navigating the Fremont wrongful death case process.
Dealing with a wrongful death can be a difficult and highly emotional time. With the anchor of professional guidance, you and your family members could be better equipped to deal with your pain while remaining in control of legal decisions.