Losing a loved one in any capacity can be incredibly distressing, but especially so when it is due to another individual’s negligence. Someone who is searching for answers following a family member’s death should consider seeking damages in a Fremont wrongful death action.
While nothing can bring back a deceased individual, seeking compensation from a negligent party could be a step in the right direction towards recovering financially from their death. Contact a compassionate and dedicated wrongful death lawyer today to start reviewing potential legal options that may apply to your case.
Damages in Wrongful Death Case Actions
Defining damages in wrongful death cases can be a complex process. As per the Ohio Revised Code §2125.02, individuals can seek out numerous kinds of damages in wrongful death cases, including:
- Loss of services, such as childcare, yard work, and housework
- Loss of financial support
- Loss of companionship
- Loss of inheritance
- Mental suffering
To prove damages, individuals frequently must present evidence that provides support to the claims posed by the case. Often, the evidence is presented in the form of medical bills, employment records, and personal testimony from family and loved ones.
Distribution of Damages
In the absence of a will, all compensation in Fremont wrongful death case actions is generally distributed using inheritance laws, as per OH Rev. Code §2105.06. These laws are quite complex and may produce different outcomes depending on various factors.
For example, if all surviving family members are equally related to the deceased individual, damages would be distributed equally among them. Conversely, in cases where surviving family members vary in their genetic relation to the deceased, the court must determine how to best divide compensation.
Other situations that pose unique legal challenges within Fremont wrongful death actions include when a surviving spouse remarries and when the parent that abandoned a deceased child seeks damages.
In the former case, the spouse is still entitled to compensation, but the court would take the marriage into consideration when determining damages. In the latter case, the parent is typically not allowed to receive compensation.
Statute of Limitations in Wrongful Death Cases
Any individual seeking compensation for a wrongful death typically must file a claim within two years of the deceased’s death, as per OH Rev. Code §2125.02(D). Furthermore, wrongful deaths stemming from product liability generally cannot be filed more than ten years from the date that the product was delivered to the deceased.
It is also important to remember that wrongful death claims often take about one year to compile, plus about 18 months to two years for the legal process to start.
For this reason, wrongful death cases can be quite time-consuming. To decrease the total length of the legal process, it is strongly recommended to consult and partner with a proactive wrongful death attorney as soon as possible.
Contact an Attorney About Damages in Fremont Wrongful Death Actions
If you are suffering due to the loss of a loved one caused by another person’s recklessness, it could be essential to seek damages in a Fremont wrongful death action as soon as possible. Given the complexity and extended nature of these cases, experienced legal guidance is often crucial.
Despite the challenges that wrongful death cases provide, fighting for compensation may be an important part of moving forward from your loss.
With professional guidance, you may be able to receive damages for your suffering and begin putting your life back together. Call today to set up a confidential consultation.