SKILLED IN WRONGFUL DEATH CASES
WRONGFUL DEATH CASES ARE TRAGIC AND CAN ALTER YOUR WORLD
Learning that your loved one has been killed in an accident can be shocking news. As you learn to cope with your grief after the death, you may not only face emotional anguish and pain, but also anxiety and worry about the future – how will you continue without the support, both financial and otherwise, of your family member?
While many deaths occur as a result of natural causes, some would never happen but for the negligence of another party. When the negligence of one party leads to the death of another, surviving family members may have a cause of action for a wrongful death suit. Our Fremont, Ohio wrongful death lawyers at the office of Groth & Associates can sit down with you to discuss your options, the details of a wrongful death claim, and how to get started today.
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WHAT IS A WRONGFUL DEATH CLAIM?
A wrongful death claim is a type of civil action that is filed after the death of an individual that is caused by the wrongful act, neglect, or default of another (Ohio Revised Statute Section 2125.01). This type of civil action is very different from a criminal case for murder/homicide. First, the burden of proof, which is beyond a reasonable doubt in a criminal case, is lowered to a “preponderance of the evidence,” which means that there is a greater than 50 percent chance that the claim is true.
In addition to the differing burdens of proof, a criminal case will also result in criminal consequences for the defendant, whereas a civil claim will have no such bearing; similarly, a civil case can yield monetary damages for beneficiaries, whereas a criminal case will not. What’s more, civil and criminal cases are completely distinct, and a person may be found guilty in one and innocent in the other.
Types of Wrongful Death Claims
A wrongful death claim may be brought whenever the death of one party is caused by the wrongful act of another. Wrongful death claims may be filed against individuals, private companies and businesses, and government entities. Some of the most common types of wrongful death claims, with which our Fremont wrongful death lawyers are experienced, include:
- Car accident claims;
- Large truck accident claims;
- Dangerous premises claims;
- Pedestrian accident claims;
- Bicycle accident claims;
- Defective product/defective pharmaceutical claims;
- Medical malpractice; and
If your loved one has died in an accident that could have been prevented but for negligence of another party, please reach our firm today to learn how we can help.
OTHER PRACTICE AREA CASES
THE LAW ALLOWS FOR BENEFICIARIES TO SEEK COMPENSATION FOR THESE DAMAGES
When a person dies unexpectedly, their loved ones are often left with innumerable damages, including the lost wages of the deceased, the loss of the deceased’s companionship and care, medical expenses, funeral and burial expenses, the loss of household services, and more. The law allows for beneficiaries to seek compensation for these damages, including the value of economic losses (the loss of the deceased’s earning capacity, loss of future inheritance, etc.) and the value of non economic losses (loss of support and services, emotional pain and suffering, etc.).
In addition to recovering financial damages after the death of a family member, filing and concluding a wrongful death suit also offers emotional benefits for surviving family members, too, providing them with a sense of closure and justice. A wrongful death claim can also serve as a deterrent to others, especially when the claims involve negligent property owners or companies.
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WHO CAN FILE A FREMONT WRONGFUL DEATH ACTION?
Each state has different laws regarding who is allowed to file a wrongful death action, with many states requiring that an action is filed by the personal representative of the decedent’s estate. In Ohio, there is a presumption that the surviving children, the surviving spouse, and the surviving parents of a deceased person have been impacted by the loss and are directly affected, and as such, these parties all have standing to bring a wrongful death suit for damages.
Of course, there are situations where these parties do not exist, or where there are other family members–such as a sibling–that is a direct beneficiary of a decedent. While there is no presumption that parties outside of those named above have suffered a direct loss, other family members can bring a wrongful death action in Fremont, but they will need to establish their connection to the deceased and the direct loss they have suffered first.
HOW MUCH TIME DO I HAVE?
Initiating a wrongful death action as soon as possible is always recommended. When you act with rapidity, evidence related to your case is more likely to be available and in good condition, an insurer will have time to investigate the case (and therefore will not make a claim to the contrary), and your case has a better chance of being settled quicker. However, in all cases, if you wish to file a lawsuit after out-of-court negotiations have failed, you must do so within two years from the date of your loved one’s death. Waiting longer than two years to file a wrongful death action is a breach of the statute of limitation, and will serve as a bar to recovery. In order to ensure that this is not a barrier that you face, our lawyers recommend reaching out to a Fremont wrongful death attorney as soon as possible after learning of your loved one’s death, as difficult as doing so may be.
REACH OUT TO OUR FREMONT, OHIO WRONGFUL DEATH LAWYERS TODAY
Our wrongful death lawyers in Fremont, OH understand the trauma of losing a loved one, and how after a family member’s death, nothing feels doable, let alone easy. As you cope with your grief, our attorneys want to provide you with the professional legal support that you need and deserve. Our law firm will manage all elements of your wrongful death claim so that you can focus on your and your family’s needs. We have a history of recovering large settlements on our clients’ behalf, and have decades of combined legal experience. Please reach out to our Fremont, Ohio wrongful death lawyers today to schedule a free consultation. You can reach us online or by phone to get started.