Losing a loved one is one of the most devastating experiences any of us can suffer. Losing them as a result of someone else’s negligence or recklessness only makes the pain worse. Not only are their families grieving the untimely death, but they may lose significant financial and emotional support as a result.
If your loved one has been killed as a result of someone else’s negligence, the Law Offices of Tim Misny can review your case. You may be eligible to file a wrongful death claim, and recover compensation for your loss.
What is wrongful death?
Wrongful death is a civil action against individuals, businesses or other entities who may be responsible for causing another person’s death. Unlike murder or manslaughter, wrongful death is a civil action.
Civil lawsuits do not carry the possibility of jail time. Instead, plaintiffs may recover financial compensation or other civil remedies.
Wrongful death involves a lower standard of proof than civil cases. There are many examples of plaintiffs who won their wrongful death claim, even if the defendant avoided criminal liability. (The O.J. Simpson cases are a famous example, although not all wrongful death cases involve alleged murder.)
Who is eligible to sue for wrongful death?
Ohio Revised Code Section 2125.01 defines wrongful death as death which “is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued.”
Section 2125.02(A)(1) requires “a civil action for wrongful death shall be brought in the name of the personal representative of the decedent for the exclusive benefit of the surviving spouse, the children, and the parents of the decedent, all of whom are rebuttably presumed to have suffered damages by reason of the wrongful death, and for the exclusive benefit of the other next of kin of the decedent.” There is one exception: parents who abandoned their minor child are not eligible to recover damages.
Eligible parties may receive several different types of damages: compensation for medical bills, the income the family lost as a result of the death, loss of an expected inheritance, loss of household and childcare services and loss of companionship, guidance and other noneconomic damages.
The type of damages plaintiffs receive depend on the facts of each individual case. To learn more about your legal options and what kind of compensation you may receive, call the Law Offices of Tim Misny today.
Talk to an Ohio lawyer about your wrongful death claim
If you’ve lost a loved one, thanks to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call me today at (877) 944-4373 for a consultation. I’ll work to get what you deserve—whether we settle out of court or go to trial, you’ll know exactly what to expect from the process.