Who Can Sue for Wrongful Death? | Wrongful Death Claim Info

Who Can Sue 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 Sue for Wrongful Death?

Who Can Sue for Wrongful Death?

A death in the family can be devastating and traumatic for loved ones. It can be even more tragic when the death of a loved one was caused by someone else’s negligence, or fault of another person or entity. If you find yourself in a wrongful death situation, you may be wondering if you are entitled to any monetary compensation. Ohio law allows for a wrongful death claim to be filed against the responsible party. With over 40 years of experience working with families who are victims of wrongful death, I understand how difficult it is to move forward after such a terrible loss. I also know that you need the help of someone who is experienced in wrongful death cases… and that person is me. Allow me to be your personal representative fighting for your financial future.

What is Wrongful Death?

According to Ohio law, wrongful death is a legal claim that arises when someone dies as a result of the negligence or fault of another person or entity. In simpler terms, it is a type of personal injury claim in which the injured person has died.

What Damages are you Entitled To?

When filing a wrongful death lawsuit, it is important to prove that a wrongful act resulted in your loved ones death, but it is also important know the economic damages you may entitled to and will be fighting for in civil court. In a wrongful death case, you and your family members are fighting to recoup money for:

Funeral and burial costs
Medical bills, related to loved one’s death and decedent’s pain
Loss of income
Loss of companionship and consortium
Help with household services
Pain and suffering
Punitive damages (in cases of extreme negligence or wrongful act)

Who Can Sue for Wrongful Death?

The right to sue for wrongful death in Ohio is granted to specific individuals, who are known as the survivors of the deceased person. These individuals may include the following:

Spouse of the Wrongful Death Victim

The spouse of the deceased has the right to file a wrongful death claim in Ohio. The spouse can file a wrongful death claim in Ohio by becoming the personal representative of the deceased’s estate and initiating the legal action on behalf of themselves and other surviving family members. As such, it is extremely important to call me to discuss your claim. As a wrongful death attorney in Cleveland, with more than 40 years of wrongful death claims experience, I have a strong understanding of the legal procedures and potential outcome.

Don’t leave your wrongful death lawsuit to chance. I know Ohio law as it pertain to wrongful death cases. I will walk you step by step through the legal process, and will help you acquire monetary compensation for your sudden tragic and loss.

Surviving Children of the Decedent in a Wrongful Death Case

If you and your late spouse have surviving children, they too may have the right to file a wrongful death lawsuit. In Cleveland, Ohio, children have a right to file a wrongful death claim along with other surviving relatives, but the claim must be brought in the name of the personal representative of the victim’s estate. The damages a child may recover include loss of moral support, emotional support, companionship, and guidance, as well as economic loss. I have children of my own, and if the unthinkable happened to me, I would want to know they could recover damages. Let me help you with your wrongful death case.

Parents of the Victim of Wrongful Death

A wrongful death lawsuit my be filed by the parents of the decedent, under the same circumstances, that they are the personal representatives of the decedent’s estate. Every situation is different, but I know, the person that files a wrongful death claim needs some guidance. As a parent, working with a surviving spouse or possibly other family members to decide who manages the estate is important. Let my experience ease the navigation of this process. You have enough to worry about, and surely do not need any additional stress managing a wrongful death lawsuit.

Other Relatives of a Deceased Person

In Ohio, the personal representative of the decedent is responsible for filing a wrongful death lawsuit on behalf of all surviving family members, including the surviving spouse, deceased’s children, and parents. If the decedent has no surviving spouse, children, or parents, other relatives such as siblings, grandparents, aunts, uncles, nieces, and nephews may be entitled to wrongful death damages, but only the personal representative may file the claim. As you can clearly see, the legal process is complex and therefore it is in your very best interest to consult with me. It is important to consult with an experienced Cleveland attorney, to determine who is authorized to file the claim, and how the settlement will be distributed. When you need to file a wrongful death lawsuit, you need an attorney who is skilled in the recovery of monetary damages. I’ll Make Them Pay!®

Estate of the Wrongful Death Victim

If none of the above individuals are able or willing to file a wrongful death lawsuit, the representative of the deceased person’s estate may be able to do so. This may be a family member or another person who has been appointed to act on behalf of the estate. Under Ohio law, the personal representative of the decedent, typically designated by the will or appointed by the probate court, must bring a wrongful death lawsuit on behalf of the estate. While in some cases a foreign executor or administrator may be allowed to prosecute a wrongful death claim in Ohio. the personal representative is typically a family member. You will truly benefit from my help to work on the estate plan.

Concluding Information on Who Can Sue in a Wrongful Death Suit

Losing a loved one due to the negligence or fault of another person or entity is a devastating experience. If you are a survivor of the deceased, you may have the right to sue for wrongful death in Ohio. Depending on your relationship, you may be able to file a lawsuit as a spouse, child, parent, or other close family member. If none of these individuals are able or willing to file a lawsuit, the personal representative of the deceased person’s estate may be able to recover compensation.

If you are considering filing a wrongful death lawsuit in Cleveland, Ohio, it is important to work with an attorney who has experience in wrongful death action, and can help you understand your rights and options. I have been working with clients in northeast Ohio for more than 40 years, and I am dedicated to helping my clients get the justice and monetary compensation they deserve.

If your loved one was a victim of wrongful death, I can help you. Call 877-944.4373 and I’ll Make Them Pay!®

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The Law Offices of Tim Misny

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Based on 131 reviews

11:32 25 Sep 23

I was dismissed by his so called "intake specialist" by telling me that it's cancer so there isn't a case that we can... take. I told her that I would write a review telling people not to bother calling you. 15 minutes later Tim called me to explain that I had a case but it wasn't enough money. He said that if he spent $200,000 and only got $150,000 in a settlement that wouldn't be worth it to him. Sure, he called, like he did with others that reviewed him negatively. He called to convince me that he's a great family man and even talked about his wife to try and get personal so I wouldn't write a bad review. I suppose the 15 minute investment on the phone would be worth it if he could convince me. The only thing he actually convinced me of is the fact that these negative reviews are spot on and he's not interested in making them pay nor has he any interest in you, me or anyone else that can't bring him the big bucks. Shameful practice.read more

14:32 20 Sep 23

08:08 23 Jun 23

“You know who I am” No I had no idea until you changed your billboard. Typical cocky attitude of a greasy lawyer.

Patrick Thompson

22:49 06 Jun 23

Christine Filippelli

01:55 18 May 23

19:24 26 Apr 23

DeAndre Merritt

06:58 23 Mar 23

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.read more

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.read more

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!read more

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.read more

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!read more

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 !read more

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.read more

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.read more

19:26 30 Mar 21

Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.read more

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.read more

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 Timread more

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

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

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

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

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

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

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!read more

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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

Mailing Address:
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4230 Chillicothe Rd. Ste 200
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.