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The death of a loved one is a uniquely tragic and stressful experience, especially when someone else’s negligent or intentional behavior is the root cause. However, while personal injury attorneys typically handle cases for plaintiffs who survived the accident that injured them, they could also help you pursue damages from someone whose carelessness caused a fatal injury to a family member of yours.
If you believe your loved one’s recent death was the result of someone else’s negligence or recklessness, a Port Clinton wrongful death lawyer can help you hold that person accountable for the pain and heartbreak they have caused. A lawsuit may be your best chance to hold the at-fault party responsible for the damage they caused.
State law allows certain surviving family members to file a wrongful death lawsuit if they believe their loved one’s death was the result of someone else’s negligence. The law recognizes that these family members may suffer financial hardships and emotional pain as a result of the wrongful death. Therefore, families who file a wrongful death lawsuit can seek damages, or a financial award, in civil court.
Of course, a financial award can never fully compensate a family for their loss. However, filing suit against the person or party responsible for their loved one’s wrongful death may help surviving family members achieve some measure of closure. In addition, a wrongful death lawsuit also helps families seek monetary compensation for financial and emotional losses related to their loved one’s death, such as:
While every member of the deceased’s family may suffer the heartache of their tragic loss, not every family member is permitted to file a wrongful death lawsuit. Under state law, surviving spouses and children are given priority when it comes to filing such a lawsuit.
If the deceased does not have a surviving spouse or any children, their surviving parents can file the lawsuit instead. There are some exceptions to this law, however, so it is always important for surviving families to consult with a Port Clinton wrongful death attorney before taking legal action.
In the midst of grieving their loss, a trial can be especially overwhelming for families pursuing a wrongful death claim. Some surviving family members may want their day in court to hold the party who caused their loved one’s death responsible, but not every wrongful death case goes to trial.
Even though the pursuit of justice may make a trial seem like the best resolution for a case, civil trials can be long and expensive, as well as physically and emotionally exhausting for plaintiffs. For these reasons, a lot of wrongful death cases are actually settled out of court.
When a wrongful death case is settled out of court, both the plaintiff and the defendant come to an agreement about the amount of money the defendant will pay. Typically, this agreement arises from mediation, a process in which a neutral third party helps the plaintiff and defendant meet in the middle.
At every step of this process, a wrongful death lawyer in Port Clinton could work hard to represent the filing party’s best interests. While settling out of court is not the appropriate legal measure in every case, it can help some families get closure in their case faster than they would if the case went to trial.
A Port Clinton wrongful death could help you and your family determine if settling out of court would be in your best interests as their case progresses. Call today to set up a consultation and learn more about your legal options.
Charles E. Boyk Law Offices, LLC