Ohio Wrongful Death Lawsuits
In Ohio, wrongful death action lawsuits are usually filed by a surviving spouse. However, if the spouse is deceased, a surviving child may file a lawsuit. In the case that there is neither a surviving spouse or surviving children, the parents of the victim are the next party who can file a wrongful death claim. If there are no relatives able to file a claim, it can be filed with the victim’s estate.
A successful wrongful death claim requires proof that the surviving parties experienced financial damages. Proof of emotional damages may also be acceptable. Additionally, there must also be proof that the death of the victim was caused by negligence or other liability on the part of the defendant.
Wrongful death lawsuits that succeed may result in the award of one or more of the following damages, such as:
- Loss of support
- Loss of services
- Loss of potential inheritance
- Mental or emotional suffering
- Funeral and burial expenses
Any recovered damages from the case are then distributed equally to the beneficiaries of the deceased by court order.
How do you File a Wrongful Death Claim?
In order to file a wrongful death claim, you must provide enough evidence that establishes the fault of the defendant. If the death was caused by negligence or medical malpractice, there may be records that can be used as evidence. A personal injury lawyer can help you know how to look for evidence, and what kinds of evidence will support your case.
If a claim does not result in a sufficient damage award, the next step is a wrongful death lawsuit. In order to pursue a lawsuit, a family member or other relative must show that the loss of the deceased has caused both pain and suffering. Proving damages as well as pain and suffering is a common element of personal injury law cases. Also, these cases are usually long and complicated, which is why an experienced personal injury can help.
How Can a Personal Injury Lawyer Help Me?
When you work with lawyers from The Cochran Firm Cleveland office, you can rest assured that your case will be fairly litigated. You and your family can have hope for the future as we pursue your case together.
Damage awards for wrongful death cases are usually given in structured settlements. Structured settlements are damage repayment plans that cover an extended period of time.
Personal injury lawyers will help you reach the settlement that’s right for you. When we work together, we will help you organize your case by finding the best evidence to support your case. The sooner you start building a case, the better.
Legal Help for Ohio Wrongful Death Lawsuits
Our commitment to you is to provide the same level of service as our founder Johnnie L Cochran Jr. His passion was defending injured individuals and supporting their families through difficult cases. We honor his legacy through our practice here in Cleveland, Ohio.
If you are ready to begin a wrongful death claim, contact our office today. Visit with us in a FREE consultation with no obligation. Give us a call, or fill out our contact form here on our website.