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.
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
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!®