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!®