Enduring the loss of a loved one is a traumatic experience for your family to endure. Not only will you need to make immediate arrangements for a funeral and consider the costs of medical bills, but you also may need to evaluate how this death could affect your future.
One way that your family could secure your financial future is to pursue a wrongful death lawsuit. These lawsuits allege that another party’s acts of recklessness, negligence, or violence was the cause of your loved one’s death. A Chardon wrongful death lawyer at Tittle & Perlmuter could help you pursue these claims on your deceased loved one’s behalf. Our personal injury attorneys could explain how these lawsuits work, identify all potential defendants, and demand proper compensation that reflects your losses and follows specific state laws.
The first portion of these claims is demonstrating that the death would not have occurred except for the actions of another party. This means that a plaintiff must be able to prove that a defendant’s negligence or act of violence was the primary cause of death.
According to Ohio Revised Statute §2125.01, a defendant is liable for a death if their actions would have resulted in a personal injury lawsuit had the victim survived the incident. It follows that a wrongful death claim may result from car accidents, defective products, nursing home abuse, and medical malpractice, as well as other events.
Just as a defendant is liable for their actions no matter the extent of the damages, the defendant may argue that a decedent’s own actions contributed to their death. It may come to pass that a plaintiff will need to fight back against allegations of comparative negligence under Ohio Revised Statute §2315.33. A Chardon attorney could build a powerful wrongful death case that demonstrates the negligent actions of the opposing party.
Most personal injury cases follow a common framework. A plaintiff suffers an injury and personally demands that a defendant provide compensation for their resulting losses. However, the fact that the injured party died changes this structure.
One aspect of a wrongful death case that may cause some confusion is deciding who has the standing to bring a case to court. Since the victim cannot pursue the case, Ohio Revised Statute §2125.02 grants the sole power to bring these cases to the decedent’s personal representative. Additionally, this representative may demand payments only for the benefit of the decedent’s spouse, children, and parents. A Chardon lawyer could determine who may be eligible to bring a wrongful death case.
Another complexity of these cases is the types of compensation that a family may pursue. Plaintiffs typically may demand damages in the form of medical bills and funeral costs connected to the death. However, state law also permits the claiming of damages for loss of support, loss of services in the home, loss of companionship, and loss of income.
The unexpected loss of a loved one may leave a family confused and frightened. Additionally, a family may be left without financial stability. Pursuing a wrongful death claim against a negligent defendant could help a family collect compensation needed to make things right. A Chardon wrongful death lawyer could gather evidence that proves defendant fault, use this evidence to prepare demand packages, and offer support during this emotional time. For more information about how we could help you, call today.