WRONGFUL DEATH LAWYERS SERVING CLIENTS IN DAYTON, OHIO
WRONGFUL DEATH CASES ARE TRAGIC AND THE DAMAGES CAN BE SEVERE.
The accidental or wrongful death of a loved one is often among the most difficult experiences a person will ever have in his or her lifetime, and realizing that the fatal injury could have been prevented is devastating. While there is nothing that can ever bring a loved one back or fully undo the great harm that has been caused, a wrongful death lawsuit can allow surviving family members to hold the liable party accountable for the losses they have caused and to seek financial compensation. In many wrongful death cases, the surviving family members were dependent upon the deceased for income, care, comfort, guidance, and so much more. By moving forward with a claim, a Dayton wrongful death lawyer can help you to seek compensation for some of these enormous losses.
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UNDERSTANDING WRONGFUL DEATH LAW IN DAYTON, OHIO
Under Ohio’s wrongful death statute, a wrongful death is defined as “the death of a person caused by a wrongful act, neglect, or default.” Wrongful death law in Ohio is closely related to personal injury law. The law recognizes that, if the injured party had survived, she or he would have been eligible to file a personal injury lawsuit against the liable party in order to seek financial compensation for losses. However, since the injury was fatal and the deceased cannot file a claim on his or her own behalf, the law allows another person to step into the deceased’s shoes to file a lawsuit on the deceased’s behalf.
The party who files the wrongful death lawsuit can also seek additional compensation for losses sustained by the surviving family members, like loss of the deceased’s care and companionship. To be clear, a wrongful death claim allows a party to seek compensation for the deceased’s losses, as well as for certain types of losses sustained by the deceased’s surviving family members as a result of the wrongful death.
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WHO CAN FILE A DAYTON WRONGFUL DEATH LAWSUIT?
Some states permit a surviving relative of the deceased—often a spouse or an adult child—to file a wrongful death lawsuit. It is essential to know that Ohio law requires the person who files the suit to be the personal representative of the deceased’s estate. That personal representative can also be known as the executor of the estate. While that party must be the person who actually files the wrongful death lawsuit, damages are paid to surviving family members. To be sure, the personal representative of the deceased’s estate is not seeking compensation for himself or herself, but rather for the losses of the deceased and the surviving family members.
In some cases, the personal representative of the deceased, or the executor, may be a surviving spouse or another relative.
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DAMAGES IN A WRONGFUL DEATH CLAIM IN DAYTON
- Medical and hospital bills for the deceased;
- Deceased’s pain and suffering after the injury but prior to death;
- Funeral and burial expenses for the deceased;
- Lost wages for the deceased, including future earnings;
- Loss of the deceased’s financial support;
- Loss of the deceased’s care, guidance, and companionship;
- Loss of the deceased’s parenting and household services; and
- Pain and suffering experienced by the surviving family members as a result of losing the deceased.
Surviving family members may be able to obtain multiple forms of compensatory damages, including but not limited to the following:
DAYTON WRONGFUL DEATH STATUTE OF LIMITATIONS
The statute of limitations in a Dayton wrongful death lawsuit is two years. As such, you will have two years from the date of the deceased’s death to ensure that a wrongful death lawsuit is filed. It is important to be clear that the clock on the statute of limitations will begin ticking on the date of death instead of the date of the accident. Sometimes these dates are the same, but in many wrongful death cases, the deceased survives for a certain amount of time before succumbing to injuries.
CONTACT OUR DAYTON WRONGFUL DEATH ATTORNEYS TODAY
Wrongful death cases can be extremely difficult to face, but it is critical for family members to take steps to seek the compensation they need while holding the liable parties accountable for the harm they have caused. At Groth & Associates, we have years of experience representing clients in a wide variety of injury cases, and we know how important it is to have an experienced and compassionate attorney on your side after a wrongful death. A dedicated Dayton wrongful death attorney at our firm can evaluate your case for you today, and our firm can speak with you about steps for moving forward with a wrongful death lawsuit.
Contact Groth & Associates today to learn more.