Key Wrongful Death Questions

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Key Wrongful Death Questions

Many people have questions about a potential wrongful death suit. Before contacting an attorney to determine if a suit can be brought against someone for the death of a loved one, review the following questions. These questions address the process for filing a wrongful death claim and provide in-depth information about the facts for a successful wrongful death suit..

What Is the Court’s Process in a Wrongful Death Suit?

Unlike other lawsuits, wrongful death cases are tried before a judge, and a jury is not involved. The plaintiff’s attorney must prove to the judge that the defendant is the person who caused the death of their loved one. There are four primary steps to this process, beginning with duty, then proceeding to breach of duty, causation, and then finally, damages. If the attorney can prove all four, then monetary damages may be awarded.

Can Anyone File a Wrongful Death Suit?

In the state of Ohio, only immediate family members can file a wrongful death suit. These include the parents, spouse, and children of the deceased. Additionally, an unmarried life partner or another dependent may be able to file. It depends on whether or not the plaintiff and their attorney can prove these additional individuals, even if not clearly and obviously supported by the deceased, were impacted by their death. With that said, although only one person can file the case, additional family members can request monetary damages.

How Much Is My Loved One’s Life Worth? They Had Years Ahead of Them.

When the plaintiff’s attorney makes their case against the defendant, they will mention these very things. How much your loved one’s life was worth depends on the income they brought in at the time of their death, as well as how much they may have made in the future. For example, if the attorney can prove that the deceased would have received quite a few business promotions in their lifetime, then this will be taken into consideration. Other factors include the overall potential of the deceased, including any activities that they enjoyed and their overall impact on the community.

My Loved One Suffered Before They Died. Does That Play a Role When Damages Are Awarded?

The short answer here is yes. For example, if your loved one was badly injured in an automobile accident and had to have several surgeries in an effort to save them, then their suffering will be a factor in any damages that are awarded. You, the spouse, parent, or child of that loved one had to go through quite a bit of pain and suffering during that time, particularly if you were unsure if your loved one would pull through. You may be compensated for this pain and suffering, as long as your attorney can prove it.

What About Bystanders Who Witnessed the Accident? Can They Join the Claim?

It all depends on the role of those bystanders in the deceased’s life. If they didn’t know the deceased and simply witnessed the accident, then they may not have any recourse. On the other hand, if they were closely related to the deceased and came upon or witnessed the accident right at the moment that their loved one died, then they can join in the suit after it has been filed. Or if they are directly related to the deceased, they can file the suit themselves with the help of an attorney. It all depends on the relationship that they had with the deceased.

Is There a Statute of Limitations for Wrongful Death Suits in Ohio?

Yes, the state of Ohio has placed a two-year statute of limitations on wrongful death suits. If you attempt to file a wrongful death case after the two years have passed, then the case will be dismissed outright. The two-year period is in place to allow people to grieve and heal after the death of their loved ones before filing a claim. It also allows the plaintiff’s attorneys the time needed to research and prove the case.

Can I Receive Compensation for the Death of My Loved One?

In many cases, compensation is awarded for the future earning potential of the deceased, as well as any pain and suffering on the behalf of the plaintiff. However, in some cases, the death itself can be compensated. It all depends on the specific case and its circumstances. Every wrongful death case is different.

If you have lost a loved one and believe that someone else was at fault, contact me right now, and  I’ll Make Them Pay!®

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PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.read more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.read more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.read more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.read more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.