Losing a loved one is devastating, regardless of the circumstances. However, it is painful beyond words when a loved one loses their life due to someone else’s negligence or carelessness.
First and foremost, if you have lost a loved one due to wrongful death, our legal team at the Slater & Zurz law firm expresses our deepest sympathies to you and your family. Our wrongful death lawyers will honor the life of your loved one by diligently pursuing justice and seeking maximum compensation for your and your family’s losses.
While no money can make up for the loss of a family member, a proper settlement may provide a sense of closure and reassurance, knowing those responsible were held accountable for their actions. Our relentless pursuit is to hold the negligent party accountable, ensuring that justice is served for your tragic loss. We want you to know that we understand the pain and grief you are experiencing and will be here for you every step of the way. Our wrongful death attorneys will be your and your family’s unwavering advocate and will compassionately guide you through this challenging time.
filing a wrongful death claim in Ohio
Under Ohio Revised Code 2125.01, you may pursue compensation if you lost a loved one due to another person’s negligence, recklessness, or intentional misconduct. Only the executor or personal representative of the deceased’s estate can initiate wrongful death claims in Ohio. Personal representatives are either designated in the decedent’s will or appointed by a probate court. If damages are awarded, they’ll be split among family members who suffered losses due to their loved one’s death. These family members generally include a surviving spouse, children, parents, or other dependents of the decedent.
In Ohio, there is a two-year statute of limitations for commencing a wrongful death claim. If you fail to begin a claim within the specified time frame, you may forfeit your right to pursue compensation.
Causes of Wrongful Death
A wrongful death occurs when an individual sustains fatal injuries due to another person or entity’s negligent or willful actions. Several circumstances can lead to wrongful death, including:
Car accidents – Car accidents are the leading cause of wrongful death. This includes truck accidents, motorcycle accidents, and pedestrian accidents. When a motorist acts negligently or carelessly and causes an accident that results in a fatality, they may be held liable in a wrongful death claim. Drunk driving, aggressive driving, and texting while driving are common contributors to car accident fatalities.
Medical malpractice – Medical malpractice is another leading cause of wrongful death. When a medical professional or hospital fails to provide a patient with an accepted standard of care, it is considered medical malpractice. This negligence can result in birth injuries, traumatic brain injuries, surgical errors, medication errors, and misdiagnoses, which can all lead to a patient’s death.
Nursing home abuse – When an elderly resident of a nursing home dies due to negligence on the part of the facility or its staff members, it may be considered wrongful death. Nursing home abuse and neglect can cause slip and fall accidents, bedsores, malnutrition and dehydration, and physical abuse, all of which can lead to the wrongful death of a nursing home resident.
Premises Liability – All property owners have a legal duty to keep their property safe. Suppose an owner or manager fails to maintain the premises or warn visitors of a hazardous condition, and someone sustains fatal injuries. In that case, the owner or manager may be liable for their negligence. Premises liability issues commonly involved in wrongful death claims include swimming pool accidents, inadequate security, and stairs, deck, and balcony accidents.
Product Liability – A business that designed, manufactured, or sold a defective product that resulted in someone’s death can be held liable in a wrongful death lawsuit. Products frequently involved in wrongful death cases include medical devices, children’s products, cars, car parts, machinery, and consumer products, such as power tools and appliances.
Compensation in a Wrongful Death Claim
Several types of damages are available in an Ohio wrongful death claim. While compensation varies based on the circumstances of each case, claimable damages may include:
- Medical expenses resulting from the fatal injury
- Funeral and burial expenses
- Loss of support from the reasonably expected earning capacity of the decedent
- Loss of the deceased individual’s services, such as housework, yard work, and childcare
- Loss of future inheritance
- Loss of consortium
- Loss of companionship
- Pain and suffering of the family members
Unlike many other states, Ohio has no damages caps for a wrongful death claim. This means there is no limit on the compensation you can recover under Ohio state law.
If you have further questions about wrongful death, please refer to our FAQ section or call and speak with an attorney for free.
Akron Wrongful Death Lawyers
If you lost a loved one in an accident or due to someone else’s negligence and are seeking compensation, please do not hesitate to reach out to our qualified wrongful death attorneys in Akron. The skilled legal team at Slater & Zurz has more than a century of collective experience helping families who lost loved ones as a result of negligence. We know precisely what it takes to build a valid wrongful death claim and do everything within our power to recover maximum compensation on your behalf. Our legal team will assist you in seeking compensation throughout the wrongful death claims process by:
- Answering your questions and addressing any concerns
- Keeping you apprised of any developments in your case
- Handling all communication with the insurance company and lawyers
- Compiling strong evidence supporting your wrongful death claim
- Skillfully negotiating while keeping your best interests in mind
- Slater & Zurz will effectively represent you in court if a favorable agreement cannot be reached.
- Even after your case is resolved, being there for you and your family.
Our wrongful death attorneys offer a free initial consultation to ensure you receive an informed determination as to whether you and your family have a valid wrongful death claim. During your initial consultation, our dedicated Akron personal injury attorneys will answer your questions, explain your rights and legal options, and discuss all potential outcomes so you and your family can decide whether to proceed with an Ohio wrongful death lawsuit. To schedule your free, no-obligation consultation, contact Slater & Zurz at (330)762-0700 or complete our online form.
To successfully file a wrongful death claim, your attorney must establish the following four elements:
- Duty of care – For a defendant to be liable, he or she must have owed the deceased individual a duty of care. While the duty of care will vary depending on the specific case, it is essentially a duty to act or not act in such a way as to prevent harm to another person.
- Breach of duty – It must be shown the defendant failed to provide the proper level of care owed to the decedent.
- Causation – The defendant’s action or lack of action was a direct cause of the decedent’s death.
- Damages – The death of the victim resulted in damages suffered by the estate or surviving family members.