For more than 30 years, our experienced Toledo accident lawyers have been representing families of those who have suffered fatal personal injuries due to another’s negligence, incompetence or recklessness.
With law offices in Toledo, Bowling Green, Swanton, West Unity, and Findlay, our Toledo wrongful death lawyers work to help surviving spouses and children file and pursue wrongful death claims, obtaining compensation from the responsible parties.
Potential Damages in a Wrongful Death Claim
With the assistance of a Toledo wrongful death lawyer, an individual may be able to recover damages for things like:
- Funeral expenses
- Loss of future earnings
- Medical bills
- Physical pain and mental suffering
Wrongful death claims can be brought against anyone who, through 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.
Common Elements of a Claim
Many wrongful death claims emerge from cases of clients who’ve 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, malnutrition and 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 don’t believe their patients should receive the best level of quality care and support, often believing that no one is concerned about their health, anyway.
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
Ohio law allows a surviving spouse to file a wrongful death claim. If there is no surviving spouse, the children may file the claim. If there is no surviving spouse or surviving children, the parents of the victim may pursue the wrongful death claim. When there is no surviving spouse, surviving children, or surviving parents, the estate administrator can sue on behalf of the deceased.
Under Ohio law, 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, and involving an 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 other critical deadlines that can influence the outcome of your case.
Benefits of a Toledo Wrongful Death Lawyer
Wrongful death claims are usually settled before a trial ever becomes necessary. But 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 an attorney 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 death to loved ones, Charles has been the right attorney for the job. Let him help your family today.