Copyright © 2023 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
It goes without saying that the loss of a loved one is a source of great emotional pain, especially if that loss is the result of an avoidable accident. The death of a family member can also cause significant financial problems for those who were dependent on the deceased.
If you lost a family member due to the negligence of another person, our compassionate personal injury attorneys could help. A Holland wrongful death lawyer could inform you of your legal options, help you and your family fight for justice. Our goal is to give you and your family the ability to heal without the financial pressure created by your loved one’s death.
Wrongful death claims are governed by Ohio Revised Statute § 2125. According to state law, a wrongful death action is appropriate for any death resulting from another person’s “wrongful act, neglect, or default.” These types of claims are available to the family of the deceased because, had the person not died, they would have had the right to pursue a personal injury claim.
By allowing these claims to continue after the victim’s death, the state prevents the at-fault party from profiting from the death of a potential injury claimant. For more information about the purpose of wrongful death lawsuits, reach out to a local attorney.
Every jurisdiction has different laws concerning who has the right to file wrongful death claims. In some states, only the spouse of the deceased may pursue this type of lawsuit. In other areas, multiple family members could have the right to file suit.
In Holland, family members do not have the right to file a wrongful death lawsuit directly. Only a personal representative of the deceased’s estate has the right to bring a claim. The method for determining the personal representative of an estate varies.
The personal representative could be named in the deceased’s will. In other cases, the court can select someone, typically a family member. If you wish to fill the role of the personal representative, you could benefit from a discussion with a wrongful death lawyer.
While the estate ultimately has the power to file a wrongful death claim, the damages awarded in court are still intended for the deceased’s loved ones. The compensation that comes with a wrongful death claim typically goes to the surviving spouse, children, and other dependents of the deceased.
Additionally, other family members such as grandchildren or siblings could make a case for financial recovery if they can establish a compensable loss. In some cases, the personal representative may keep some of those monetary damages to cover the expenses of the estate. A lawyer in the area could help you determine if you could benefit from a wrongful death claim.
Though the right to file a wrongful claim rests with the estate, it is crucial to speak with legal counsel if you have suffered damages as a result of the loss of your loved one. A dedicated attorney can advise you on your rights and assist you in requesting the role of the personal representative if it is an option. Call a Holland wrongful death lawyer who could improve your chances of success in your claim.