Unexpectedly losing a loved one is devastating, especially when someone’s negligence or wrongdoing caused their passing. The emotional toll and financial strain can leave families feeling overwhelmed and unsure of their next steps. In such difficult times, understanding your legal rights is crucial. A Toledo wrongful death lawyer from Charles E. Boyk Law Offices can guide you through the complex legal process, helping you pursue justice and compensation for your loss.
Wrongful death cases often involve complicated legal procedures. However, an experienced attorney can handle these challenges on your behalf, helping you seek damages for medical expenses, funeral costs, lost income, and emotional suffering. While no amount of compensation can replace your loved one, holding the responsible parties accountable can provide a sense of closure and financial stability for your family. Do not navigate this difficult journey alone—let a skilled personal injury attorney pursue justice and compensation on your behalf.
Potential Damages in a Wrongful Death Claim
With the assistance of a Toledo wrongful death attorney, an individual may be able to recover damages for things like:
- Medical bills
- Funeral expenses
- Loss of future earnings
- Physical pain and mental suffering
Wrongful death claims can be brought against anyone who, through their recklessness, carelessness, negligence, or lack of skill, causes the fatality of another. Wrongful death can be the result of many types of circumstances, including drunk driving or reckless driving, medical malpractice (such as through surgical error or misdiagnosis of an illness), defective machinery or products, premises liability, or improper supervision. Additional examples include:
To find out how the law applies to your unique situation and explore your options, get in touch with our firm today.
Common Elements of a Wrongful Death Claim
Many wrongful death claims emerge from cases of clients who have died in institutions, such as prisons, hospitals, and nursing homes. Cases of prisoner abuse and nursing home abuse are serious problems in our institutions today, and wrongful death fatalities are often the grim result. In addition to abuse, neglect, and malnutrition, inadequate health care and supervision are often found to be the causes of fatalities in these types of facilities. Unfortunately, some doctors, nurses, health care providers, and other personnel do not believe their patients should receive the best level of quality care and support.
Charles Boyk is a Toledo wrongful death attorney who knows that doctors and nurses are never qualified to make such decisions. Regardless of who a person is or where they might be, a medical professional must always offer the best medical care they can provide. Losing a loved one due to circumstances that seem suspicious or that may have been caused by another’s negligence is a painful experience and one for which the law provides legal recourse. In addition to collecting on the potential loss of income your loved one may have earned, an experienced attorney can also pursue damages for the pain, suffering, and loss of companionship and enjoyment of life.
Who May File a Wrongful Death Claim
Under Ohio law, a wrongful death claim must be filed by the personal representative of the deceased person’s estate on behalf of the surviving family members who have suffered losses as a result of the death. These beneficiaries may include a surviving spouse, children, parents, or, in some cases, other next of kin, depending on the circumstances. The personal representative pursues the claim for the benefit of those eligible survivors rather than the survivors filing the claim themselves.
A wrongful death claimant can often claim the full value of the life of the deceased had the accident resulting in his or her death never occurred. This may include lifetime income in addition to pain and suffering considerations, such as the loss of companionship and loss of enjoyment of life.
Wrongful death claims can involve a range of complicated legal processes and issues. If you are a beneficiary, involving a Toledo wrongful death attorney in your case as early after the death as possible is always advisable. Waiting to hire an attorney runs the risk of losing the case to technicalities, such as statutes of limitations and other critical deadlines that can influence the outcome of your case.
Wrongful death claims involve strict legal deadlines. Contact Charles E. Boyk Law Offices today for a free consultation. There is no fee unless we win your case.
Legal Process for Wrongful Death Claims
Filing a wrongful death claim in Ohio involves several critical steps. Under Ohio Revised Code § 2125.01, wrongful death occurs when a person dies due to another’s wrongful act, neglect, or fault. A wrongful death claim allows surviving family members to seek compensation for their loss.
Only the personal representative of the deceased’s estate can file a wrongful death claim. This person typically acts on behalf of surviving family members, including spouses, children, and parents. The legal process begins with filing a complaint in civil court, outlining the circumstances of the death and the damages sought. A wrongful death lawyer in Toledo can handle this process, ensuring all necessary documents are filed accurately and on time.
The next steps often include gathering evidence, consulting with experts, and negotiating with insurance companies. While many cases are settled out of court, some may proceed to trial if a fair agreement cannot be reached. Throughout this process, a dedicated attorney can advocate for your family’s best interests and work to hold the responsible parties accountable.
Proving Wrongful Death
To succeed in a wrongful death claim, it is essential to prove that another party’s negligence or intentional act caused your loved one’s death. Establishing liability involves demonstrating four key elements:
- Duty of Care—the responsible party had a legal obligation to act with reasonable care toward the deceased
- Breach of Duty—they failed to uphold this duty through negligence or wrongful actions
- Causation—the breach directly caused the death
- Damages—the family suffered losses as a result of the death, such as emotional pain, loss of income, and funeral expenses
Gathering evidence is a crucial part of building a strong case. Evidence may include accident reports, medical records, expert testimony, and witness statements. A skilled Toledo wrongful death attorney from Charles E. Boyk Law Offices can handle these tasks, ensuring every detail is covered to support your claim.
Statute of Limitations
In Ohio, there is a strict time limit for filing wrongful death claims. According to Ohio Revised Code § 2125.02(D), families have two years from the date of death to file a lawsuit. Failing to meet this deadline can result in losing the right to seek compensation.
This statute of limitations makes it critical to act quickly. Even though grieving is a natural process that takes time, seeking justice and pursuing compensation quickly can help preserve crucial evidence and strengthen your case. However, certain exceptions may extend or shorten this time limit. A Toledo attorney, who has experience in handling wrongful death claims, can evaluate your situation and determine how state laws apply to your case.
Survival Action Claims
In addition to wrongful death claims, Ohio law also allows for survival actions. While wrongful death claims focus on the family’s losses, survival actions address the damages the deceased person could have pursued if they had survived.
Under Ohio Revised Code § 2305.21, survival actions can seek compensation for pain and suffering, medical expenses, and other damages the deceased experienced before passing. This means that if your loved one survived for a time after the incident, the estate can pursue additional compensation for those damages.
Both wrongful death and survival action claims can be filed simultaneously, but they serve different purposes. A Toledo wrongful death attorney can help you understand the differences and determine the best course of action for your family.
Real Wrongful Death Case Results
Confidential Settlement – Wrongful Death Following Exposure to an Illegal Substance
While under the supervision of a facility, the victim was exposed to an illegal and potentially lethal substance.
This exposure may have contributed to his death, and the family believed that inadequate staffing and a lack of proper oversight at the facility were to blame. Additionally, law enforcement conducted its own criminal homicide investigation into the death.
After the investigation concluded, we worked closely with the family pursuing a wrongful death claim and held the facility accountable. We secured a confidential settlement, helping provide financial support for the family and addressing the losses they suffered as a result of their loved one’s death.
$262,686.70 Settlement – Wrongful Death Following a Fatal Lake Erie Boating Crash
After losing a loved one in a tragic boating accident on Lake Erie, a family sought our help. While the victim was enjoying an evening fishing trip with friends aboard a recreational boat, a vessel struck a break wall near Ashtabula. Several passengers suffered injuries, and our victim died.
We helped the estate pursue a wrongful death claim. A lawsuit was necessary to seek accountability from the boat operator and to obtain financial support for the family after their devastating loss.
The boat operator’s insurance company acknowledged that multiple injured parties were seeking compensation and asked a federal court to determine how the available insurance proceeds should be divided. Because the policy limits were not enough to fully compensate everyone affected by the crash, advocating for the estate’s interests was critical throughout the proceedings.
Toledo wrongful death attorney Charles Boyk and our team worked to secure a fair outcome for the family. After negotiations and court proceedings, the majority of the available insurance funds were awarded to the estate. As a result, the estate received a settlement of $262,686.70, helping the family address the financial and personal losses caused by their loved one’s death.
$100,000 Policy Limits Settlement – Fatal Pedestrian Collision in a Marked Crosswalk
While lawfully crossing the street in a marked crosswalk, the victim was hit by a driver making a left turn. Emergency responders transported the victim to a local hospital, where doctors treated him for severe injuries, including a skull fracture. Despite receiving medical care, he never regained brain function and later passed away from his injuries.
His family contacted us for help. Attorney Mike Bruno and our pre-litigation team represented the surviving family in their claim against the at-fault driver’s insurance company.
We secured the full $100,000 insurance policy limits available under the driver’s coverage. While no settlement can replace a loved one, the recovery provided financial support to the family as they coped with the loss and its lasting impact.
Let a Toledo Wrongful Death Attorney Help You Seek Justice
Wrongful death claims are usually settled before a trial ever becomes necessary. Even so, the process for wrongful death claims is never speedy. Negotiating adequate settlements for wrongful death claimants can require as much as a year of legal mediation and back and forth between both sides. When brought to trial, wrongful death claims can extend into years.
Retaining a Toledo wrongful death lawyer you can believe in, with the tenacity and trial experience to see your case through to its most just conclusion, is essential in a wrongful death claim. For many Ohio families of Toledo, Bowling Green, Swanton, and Findlay facing wrongful deaths of loved ones, Charles has been the right attorney for the job. Let him help your family today. Call our firm to get started.
Frequently Asked Questions
What qualifies as a wrongful death in Ohio?
When a person dies because of another party’s negligence, recklessness, or intentional act, the law considers that a wrongful death. The death must be caused by conduct that would have allowed the victim to bring a personal injury claim if they had survived. Examples include car crashes, medical errors, unsafe property conditions, defective products, or workplace incidents under Ohio law.
Who is allowed to file a wrongful death claim in Toledo?
Only the personal representative of the deceased person’s estate can file a claim. However, they bring it on behalf of surviving family members such as a spouse, children, or parents, and distribute it to the eligible beneficiaries according to Ohio law.
What damages can be recovered in a wrongful death case?
It is possible to recover for medical expenses related to the final injury, funeral and burial costs, lost financial support, and the loss of companionship, care, and guidance. Ohio law also allows recovery for the emotional impact the death has on surviving family members.
How long do I have to file a wrongful death lawsuit in Ohio?
Generally, two years. If you miss this deadline, the court will likely dismiss the case. Certain limited exceptions may apply, so it is important to speak with an attorney as soon as possible.
What must be proven in a wrongful death case?
Four key elements: that the defendant owed a duty of care, that they breached that duty, that the breach directly caused the death, and that surviving family members suffered measurable damages as a result.
Do wrongful death cases always go to trial?
No. Many settle outside of court. However, if a fair agreement cannot be reached, the case may proceed to court, where a jury decides the outcome.
How does Ohio law handle the statute of limitations for medical malpractice deaths?
Even when a wrongful death stems from medical malpractice, it still has a two year SOL. However, related medical claims may have different deadlines, so timing can become complex quickly.
How can a wrongful death attorney help my family?
They can investigate what happened, gather evidence, handle insurance companies, and build a strong case for compensation. The legal process can be overwhelming while grieving, and an attorney helps ensure deadlines are met and your family’s rights are protected.
Why should I contact Charles E. Boyk Law Offices?
We handle every case with care and attention because we understand how devastating this loss is for your family. We work on a contingency fee basis, meaning there is no fee unless we win. We can review your case, explain your options, and take immediate action to protect your claim.
If you have lost a loved one due to someone else’s negligence, call Charles E. Boyk Law Offices today for a free, confidential consultation with a Toledo wrongful death attorney. There is no fee unless we win your case.
I was very please with Mr. Boyks work. His staff was incredible as well. 
