Who Can be Sued for Wrongful Death? | File Wrongful Death Claim

Who Can Be Sued for Wrongful Death?

“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

Who Can Be Sued for Wrongful Death?

Who can be sued for wrongful death?

Losing a loved one is never easy, especially when their death is caused by the willful or negligent actions of another person. Fortunately, Ohio law allows the surviving family members to seek financial compensation for their loss through a wrongful death lawsuit. For over 40 years, I have worked with families through these tragic times. I know the criteria that qualify for a successful wrongful death lawsuit, the legal process involved, and the compensatory damages you may be entitled to and deserve.

What Qualifies as a Wrongful Death Lawsuit?

Any case in which someone’s negligent act caused someone to lose their life, qualifies as a wrongful death lawsuit. However, it’s important to note that each state has different legal stipulations regarding wrongful death cases.

In Cleveland or any other city in Ohio, to file a wrongful death lawsuit:

The death must have been caused by a wrongful act, neglect, or default of another person or entity
The action for wrongful death can be brought by the personal representative of the deceased person’s estate
Damages awarded in such an action are for the exclusive benefit of the surviving spouse, children, and parents of the deceased person, in that order of priority
The wrongful death statute of limitations is two years from the date of death.

There are various types of wrongful death claims, including those that result from medical malpractice, car accidents, workplace accidents, product liability, and criminal acts.

Medical Malpractice– To bring a medical malpractice case in Ohio, the plaintiff must prove that the healthcare provider breached the standard of care owed to the patient, and that this breach caused the patient’s injuries or death. Another situation for a wrongful death lawsuit in Ohio is when the death of the decedent was caused by the wrongful act, neglect, or default of another person or entity.

Car Accidents- Car accidents can lead to wrongful death lawsuits if the accident was caused by the negligence of another driver. Negligence can take on various forms, including drunk driving, aggressive driving, distracted driving, and other actions that breach the duty of care owed to other drivers and passengers on the road. In Ohio, drivers are required by law to carry minimum liability insurance for bodily injury or death and property damage per accident. If a car accident results in the death of another person, the victim’s surviving family members may be able to file a wrongful death lawsuit against the driver who caused the accident, even if the driver had liability insurance.

Workplace Accidents– A wrongful death claim may be filed if the employee’s death was caused by transportation accidents, exposure to harmful or toxic substances, slips, trips, and falls, explosions or fires, or contact with harmful objects or equipment. To bring a wrongful death claim in Ohio, the plaintiff must show that the death of the victim would have entitled him or her to file a personal injury lawsuit if he or she had survived.

Product Liability- Companies that design, manufacture, distribute, or sell a defective product that results in a person’s death can be held liable for damages in an Ohio wrongful death claim. In a product liability wrongful death lawsuit, the plaintiff must show that the product was defective and the defect caused the victim’s death. The plaintiff may also need to prove the defendant had a duty to design, manufacture, distribute, or sell a safe product, and that the defendant breached that duty.

Criminal Acts- If someone causes the death of another person by driving drunk or texting at the wheel, the victim’s family may be able to file a wrongful death lawsuit. Other examples of criminal acts that can lead to a wrongful death claim include murder, manslaughter, and assault. The plaintiff may also need to prove that the defendant’s actions caused the death, and that the death caused damages to the plaintiff, such as loss of support or services.

For over 40 years, I have been seeking justice for families who have suffered through this terrible ordeal. You need an experienced wrongful death attorney to be your personal representative and I will be here for you and your family members every step of the way. You will never have an out of pocket expense.

Legal Process

When filing a wrongful death lawsuit, the plaintiff needs to establish that the defendant owed a duty of care to the victim, that the defendant breached that duty of care, and that the breach was the direct cause of the victim’s death. The plaintiff also needs to prove that they suffered a financial loss as a result of the victim’s death.

The legal process involved in a wrongful death lawsuit can be complex and time-consuming. The plaintiff and his/her attorney will have to gather evidence, file legal documents, negotiate with the defendant’s insurance company, and potentially go to trial. The defendant may also hire an attorney to defend against the claim.

Award of Damages in a Wrongful Death Case

Damages awarded to a victims family. may include medical expenses, funeral and burial expenses, lost wages and benefits, loss of companionship, and pain and suffering. The specific amount of compensation that the plaintiff can seek will depend on the circumstances of their case and the laws of their state. Details of the compensation available:

Funeral and burial expenses- These costs can include fees for services such as embalming, transportation, preparation of the body, and the casket or urn. Additionally, there may be charges for a memorial service or funeral ceremony, including fees for the location, decorations, and the officiant. Burial expenses in a wrongful death claim can include costs for a grave or crypt, grave liner or vault, opening and closing the grave, headstone or grave marker, and flowers or other decorations. You deserve to have the funeral expenses covered. Let me help, and file your wrongful death suit for you.
Medical bills, related to loved one’s death and decedent’s pain- Medical bills related to a loved one’s death are expenses incurred from medical treatment provided to the deceased prior to their passing. These bills can include hospital stays, diagnostic tests, surgical procedures, medication, and other medical expenses. In most cases, the departed person’s estate is responsible for paying off these bills. Bring a wrongful death case to me, and let’s fight for the damages.

Additional Awarded Compensation in Wrongful Death Suits

Loss of income
Loss of companionship and consortium-
Help with household services
Pain and suffering
Punitive damages

Conclusion

Wrongful death lawsuits are a way for surviving family members to seek financial compensation for the loss of their loved one due to someone else’s willful or negligent actions. To file a successful wrongful death claim, the plaintiff needs to work with an experienced attorney who can navigate the legal process and help them seek the compensation they deserve. If you’re considering filing a wrongful death lawsuit, we encourage you to reach out to Tim for a free consultation on your legal options. Call 800-556-4769 or complete the online fom to get started.

If your loved one has died due to the negligent actions of someone or something, call me. Your family deserves the peace of mind of knowing you took action to protect others from experiencing a similar fate. I’ll Make Them Pay!®

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The Law Offices of Tim Misny

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14:32 20 Sep 23

Christine Filippelli

01:55 18 May 23

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23:46 01 Aug 22

I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.

Jennifer Malainy

22:44 19 Jul 22

My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM MISNY and he will make them pay!! God Bless.

01:16 16 Feb 22

I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful, professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!

20:12 21 Jan 22

It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.

14:33 06 Dec 21

Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!

Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)

02:43 27 Nov 21

Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil Pursuits!City, State and Above State Level Situation .Pro Se !

12:56 04 Nov 21

Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.

Brandon Hagerdon

20:53 18 May 21

I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.

19:26 30 Mar 21

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13:29 20 Jan 21

My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.

18:55 21 Dec 20

If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Tim

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!

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.

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.Mike

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.

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.

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.

00:16 17 Jan 20

WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!

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THE LAW OFFICES OF TIM MISNY

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127

Phone: 1-800-556-4769
Toll Free: 1-800-556-4769
Fax: 440-306-1600
Email: tmisny@misnylaw.com

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Willoughby, Ohio 44094

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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.