Toledo, Ohio Wrongful Death Attorney
As wrongful death attorneys, we know losing a loved one is a tragic event for any family to suffer through. If their death was caused by the neglectful actions of another person, you can seek justice on behalf of your loved one by pursuing a wrongful death settlement. Having a trusted attorney to assist you and your family through the series of legal events to come will be invaluable to moving forward after an insurmountable loss like this.
Filing a Wrongful Death Claim in Toledo, Ohio
If negligence resulted in your loved one’s death, even unintentionally, you have the right to hold the responsible party accountable. A wrongful death claim is considered a civil action because it’s intended to help the deceased’s family recover from the damages they’ve suffered.
What Happens When the Lawsuit is Filed?
Once a wrongful death lawsuit is filed, attorneys will exchange documents and information on behalf of each party. The documentation required is extensive and will include medical records, medical bills, proof of loss of earnings, and information about the impact that the loss of life had on survivors close to the deceased. Most wrongful death cases are settled without ever having to go to trial. Your attorney will begin negotiating with the other party as soon as possible and will work hard to settle your case out of court.
If a fair settlement offer is provided or agreed upon, a wrongful death case can be handled without a trial. However, if the settlement offer is insufficient, or the at-fault party is trying to avoid responsibility, your case will go to trial. Wrongful death court cases are determined by a judge and jury. Once evidence is collected and your lawyer has a solid scope of your case, they will be better able to gauge whether a court trial or settlement is likely.
Statute of Limitations
Ohio state law gives you two years to file a wrongful death claim from the date of death. It’s important to reach out to an experienced, local wrongful death attorney as soon as possible because it will take time for them to gather evidence to present in your case.
A wrongful death claim needs to be filed to prove negligence was to blame, and to outline the compensation you are seeking. The period between filing the lawsuit and going to trial can take several months. During this time, your wrongful death attorney will handle any communication related to the wrongful death case on your behalf. They will obtain all the documentation and information needed to proceed with your case.
Recovering Damages
Damages awarded in a wrongful death case fall into two categories. The jury may award compensation for costs incurred between the accident and the death, which often includes the deceased’s medical bills, lost wages, and pain and suffering.
The jury may also award compensation for damages incurred by the surviving family members after the victim’s death. In Ohio, a wrongful death suit doesn’t just cover the cash value of the deceased’s earnings, but also allows for damages to compensate for other losses, including companionship, mental anguish, suffering, and financial support including a loss of inheritance you would’ve received had the deceased lived a natural life.
Going through the legal process is a daunting task to take on when you’re grieving the death of a loved one. However, seeking justice for your family can provide financial security and possibly give some closure that you held the negligent party responsible. Your wrongful death lawyer will be a comforting asset and prepare you for the legal process.
Potential Damages You Can Recover
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Funeral Costs
The costs of funerals increased exponentially over the last few decades. A funeral is essential to providing closure to loved ones, and can be a financial burden due to an unexpected death.
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Medical Expenses
A family grieving the loss of a loved one may be left with billing related to the transportation and care of their loved one before death.
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Loss of Services
Family members play significant roles in what they do and how they provide support and love to those around them. The loss of a loved one can have serious repercussions to a family’s daily life.
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Financial Impact
Loss of health insurance, retirement benefits, and loss of income can all have a devastating financial impact on a family after a wrongful death has occurred.
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Punitive Damages
There are some limited circumstances in which punitive damages may be available to claim in a wrongful death lawsuit, such as when the decedent suffered personal injury or property loss resulting from intentional, reckless, or willful conduct.
Wrongful Death Compensation
In Ohio, the jury can award an amount proportional to the injuries and losses suffered by the beneficiaries of the suit. The jury can also separately award funeral and burial costs. The jury award is determined by several factors at the time of the decedent’s death relevant to damages suffered because of the wrongful death. Essentially, they consider whether people depended on the deceased for support, the deceased’s earnings, how long they would’ve continued working had their death not occurred, and other factors to determine how much the wrongful death will ultimately cost the beneficiaries of the suit.
Filing a Wrongful Death Lawsuit
Wrongful death is a devastating tragedy, and the litigation process is often very overwhelming for families who are emotionally dealing with the loss of a loved one under these terrible circumstances. Sorting through the complexities of a wrongful death case is stressful. You’re grieving. You’re angry. You’re trying to make sense of this new normal. An experienced Toledo, Ohio wrongful death attorney can help.
The attorneys at Arthur Law Firm have experience in successfully settling wrongful death cases in Toledo, Ohio, and we can help you too. With our Fair & Square Fee Guarantee, we promise that when your case is resolved, our attorney fee will never exceed your net recovery. We understand how difficult and distressing it is to lose a loved one due to wrongful death. We work hard for families of wrongful death victims so your family can prioritize healing while we pursue justice for your loved one. If you feel that your loved one was a victim of wrongful death, contact Arthur Law Firm (419) 782-9881 right away for a free consultation.
Arthur Law Firm Fair & Square Fee Guarantee
Arthur Law Firm works on a contingency fee basis, meaning that you pay nothing upfront. Our Fair & Square Fee Guarantee is our commitment to you that once your case is resolved, our fee will not exceed your net recovery.
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