Maumee, Ohio Wrongful Death Lawyer
As Maumee wrongful death lawyers, we know coping with the death of a loved one is painful, regardless of the circumstances. Suppose you believe your loved one’s death occurred from the negligence of another person or company. In that case, it’s essential to contact an experienced wrongful death lawyer to learn more about the Ohio wrongful death statute to understand your options for compensation. Though no amount of money will alleviate your grief, it can help reduce the financial and emotional hardship of your loss.
Legal action can be brought under certain circumstances when a close family member dies suddenly. This action is known as “wrongful death” and is regulated by state laws. Wrongful death laws vary significantly from state to state, but the following dives deeper into the specifics for Ohio.
Ohio Wrongful Death Law
In Ohio, the wrongful death statute creates a cause of action after a death due to another person or party’s wrongful act, default, or neglect. If you aren’t sure whether or not you can seek compensation, ask yourself this: If the deceased had survived, would they be eligible for compensation due to the negligent acts that occurred? If yes, then you have grounds to file a wrongful death lawsuit.
A wrongful act is often associated with intentional acts of violence, like assault, while neglect refers to legal negligence. Negligence occurs when someone breaches a legal duty of care, leading to fatal injuries.
Some common negligence examples that may lead to wrongful death actions in Ohio include:
- Drunk driving, aggressive driving, or distracted driving.
- Medical malpractice, including nursing home abuse cases.
- Manufacturing defective or dangerous products.
- Having hazardous conditions on a property.
Who Can File a Wrongful Death Lawsuit?
Since the damages sought in a wrongful death case depend primarily on the losses of the surviving spouse, children, or other family members, it seems likely they would be the ones to file a claim. However, in Ohio, the individual named as the personal representative of the deceased’s estate is the party that must file the action. The representative may be designated in the deceased individual’s will or appointed by the probate court.
Once damages are determined, the award is divided among the family members who suffered losses because of the death. Such damages are distributed based on inheritance rights by the intestate laws of Ohio. Family members include the surviving spouse, children, parents, or other dependents of the deceased. Siblings, grandparents, and other relatives usually aren’t entitled to damages unless they prove they have suffered legally compensable losses.
If a surviving spouse gets remarried before the resolution of the wrongful death case, they may not lose out on their portion of the damages. However, Ohio’s wrongful death law states that the court may take remarriage into consideration when determining the losses suffered by that former spouse.
What Type of Compensation is Possible?
Under the Ohio Wrongful Death Statute, beneficiaries may be entitled to compensation for financial loss, pain, and suffering. These damages may include:
- Loss of future earnings from the decedent,
- Funeral and burial costs.
- Medical expenses incurred before death and related to the cause of death.
- Loss of services such as help with raising children, chores, and other tasks.
- Loss of companionship and all other relational aspects of having the decedent around to share life.
- Loss of prospective inheritance.
- Mental anguish and stress incurred by surviving family members.
If all surviving family members are related to the same degree, the compensation will be split evenly. Otherwise, the court will decide on how funds are divided.
What’s the Time Limit to File a Wrongful Death Suit in Maumee, Ohio?
In Ohio, the representative of the deceased has up to two years from the time of death to file a wrongful death claim. If it was unknown that a wrongful act caused the death, the representative has two years from when the wrongful or negligent act became known.
Though two years may seem like an adequate amount of time, filing a claim as soon as you are comfortable is essential to making it easier to obtain the necessary evidence to benefit your case.
How Can a Wrongful Death Lawyer in Maumee Help?
Trying to cope with losing a loved one while simultaneously navigating the court system is sure to be stressful and overwhelming. An experienced Ohio wrongful death attorney will guide you through the entire process and help you understand what’s going on behind the scenes.
In hard times like this, it’s important to have a lawyer who is familiar with wrongful death cases in Maumee, Ohio to help you. They can:
- Evaluate the merits of your case so you can be assured that you are doing the right thing by filing a claim.
- File the proper paperwork and follow all necessary and timely legal procedures, so you don’t have to worry about them.
- Conduct a complete investigation into the wrongful death claim by gathering evidence for your case.
- Negotiate with insurance companies for appropriate compensation.
- Determine how much compensation beneficiaries should receive for the death of their loved ones.
- Prepare and conduct trial proceedings should the need arise.
You don’t have to go through this alone. Choose experienced and compassionate guidance from Arthur Law Firm to help you receive the compensation you deserve. We operate on a contingency basis, meaning we don’t get paid unless there is a successful outcome in your case. And as always, we offer a no-money upfront consultation and our Fair & Fee Square Guarantee.
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.
We’ll review your case to determine whether you have a valid claim and help you follow your suit through to the end. If your loved one’s death was caused by another person’s error or intentional action, we could help fight for the compensation you deserve.
Arthur Law Firm understands how difficult and distressing it is to lose a loved one due to wrongful death. Our team of lawyers are here to help you throughout this challenging process. When you work with Arthur Law Firm, we do the heavy lifting, allowing your family to prioritize healing while pursuing justice for your loved one.
Contact us today if you believe you have cause for a wrongful death lawsuit or any other legal matter. We provide a free consultation to get to know your case, and can determine what your next steps should be in the process. To speak to someone right away, contact Arthur Law Firm at (419) 782-9881. We know what you’re going through, and we’d like to help you get a fair settlement.
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