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Tim Misny

Who is Immune to a Wrongful Death Claim?

PROUDLY REPRESENTING VICTIMS OF BIRTH INJURY, MEDICAL MISTAKES, AND CATASTROPHIC ACCIDENTS THROUGHOUT THE UNITED STATES FOR 38 YEARS

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The loss of a loved one is a tragedy for the entire family, but when that loss happens because of a wrongful death, you and your family deserve justice. Whether that wrongful death occurred because of a car accident, workplace accident, medical issue, dangerous product, or any other way—call me, and I’ll Make Them Pay!®

Wrongful death claims can be complex, and that’s why you’ll need an experienced advocate on your side. I have more than 38 years of practice in wrongful death cases, and I’ll make myself available to you and your family as soon as you call. I’ll meet you anywhere, any time to discuss your options.

In a wrongful death suit, I make the case that your loved one’s death could have been prevented if another person or entity had acted more responsibly. For example, if your loved one was a construction worker who died in an accident at work, you may have cause to sue the construction site foreman, because it’s the foreman’s job to keep the site and its workers safe. Every case is different—that’s why you should call me to discuss.

There are limitations to who you can name in your wrongful death suit. In some cases, government agencies or government employees cannot be sued for any involvement in a wrongful death. Ohio law generally protects government employees from being sued for wrongful death; that includes police officers, firefighters, public school employees, and employees of the Department of Transportation or other government agencies.

Some exceptions have been made when it comes to government immunity from wrongful death suits. In cases that involve specific employee negligence, or an employee who gets into a car accident, you may still be able to pursue legal action. If your loved one suffered a wrongful death because of medical mistakes or medical device malfunctioning, there are also other stipulations that could affect your case. Some federal laws provide immunity to medical device manufacturers, makers of generic drugs, and others in the medical industry.

In a wrongful death case, you’ll need to prove that the person or organization you take to court had a duty to keep your loved one safe, and did not meet their obligation to do so. When someone else’s negligence or intentional action causes the death of your loved one, you have the right to be compensated for the loss of a family member. A wrongful death case can award your family compensation for the harm you’ve suffered. If your loved one died because of the negligence or direct action of a government employee, medical device, prescription medication, or public agency, you still have rights, and your loved one still deserves justice.

If you’ve lost a loved one due to wrongful death, don’t let anyone convince you not to speak to a lawyer. No matter what the circumstances of your case are, every family deserves to know that their loved one gets justice—and the people or organization who caused your loved one’s death are held accountable. Call me now at 877-944-4373, and I’ll Make Them Pay!®

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