How much do you know about wrongful death claims in the State of Ohio? The process involves several important things, from having the correct applications and forms in place. to filing within the right period of time after the death. There are some statutes that apply to minors as well, particularly those that would be applicable in a wrongful death case. While you’ll need an attorney in order to file a wrongful death case, it’s important to know as much as possible about the process.
Legal Filings and the Beginning of the Process
In order to win a wrongful death suit, you and your attorney need to prove that the decedent was killed either purposely or due to negligence. You must also have the correct paperwork for the legal filing. There are six different forms that must be completed while the process is in motion. The first is an application to prove that a wrongful death occurred. It can be a complicated form to complete, as you’ll need plenty of supporting facts, including medical records and accident reports. In order to determine which questions are applicable, you should work with an attorney who will gather all of the facts.
Once the wrongful death case has been filed, a jurisdiction and venue will be assigned, as well as a judge. From this point forward, everything will take place in a court of law. As long as the civil case for wrongful death damages is filed with two years of the victim’s death, (although there are exceptions to this), the case will proceed and a notice will be served. Any family member who may be able to join in the suit will receive notice of the filing, as well as the defendant being charged with wrongful death.
After everyone has been notified, a hearing is scheduled. Everyone joined in the suit should be present for the hearing. The judge will listen to the defendant and plaintiff(s), and review all of the evidence presented by the plaintiff and their attorney(s). The plaintiffs must prove not only that the death was wrongful, but also that the plaintiff and their family deserve compensation for the tragic loss of their loved one. Information such as the projected salary the decedent would have earned in their lifetime, the valued worth for tasks they took care of around the household, and more, will all be considered, as long as they can be proven. The judge will take all of this information into consideration before rendering a verdict. If compensation is awarded to the family, the amount will be added to the decedent’s estate as part of their probate court record.
Minors, including children of the deceased, can also be awarded money in a wrongful death case. In these situations, the funds are placed ito a trust and a guardian ad litem is appointed in order to ensure the children will receive the money when they are of age.
Has someone in your family died due to the negligence of others? If so, contact me right now, and I’ll Make Them Pay!®
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