Enduring the death of a loved one can be devastating, especially when they die because of the negligent actions of another person. In these situations, family members may have a viable claim for damages and to hold the at-fault party liable for their actions.
Grieving family members may be able to seek damages for funeral costs, emotional trauma, loss of companionship, loss of income, among others. However, there are strict rules that govern when a wrongful death lawsuit may be appropriate and which parties can file these claims.
Our compassionate Cleveland wrongful death lawyers could offer you and your family support if someone you love recently died in an accident. The personal injury attorneys at Tittle & Perlmuter could evaluate how your loved one’s death has affected your life and determine which parties may be to blame for your loss.
According to Ohio Revised Code §2125.01, when someone as the result of a wrongful act, neglect, or intentional behavior that would have entitled the injured party to pursue a personal injury claim may serve as the basis for a wrongful death case.
However, not just any person can file a complaint in court demanding compensation. While family members of the deceased may be the beneficiaries of a claim, under Ohio Rev. Code. §2125.02(A)(1), only the personal representative of the decedent’s estate can file a lawsuit.
A personal representative may receive a nomination through a will or, in situations when the deceased does not have a one, a probate court may assign an individual to serve this role. A wrongful death attorney in Cleveland could help a personal representative and the deceased’s family members through the legal complexities of these claims.
Some of the most common causes of an untimely passing may include:
While a grieving family may have a viable claim in any of these situations, it is important to note that there are strict time limits to file any of these lawsuits. These time limits are complex and strictly enforced by the courts. In Cleveland, the time frame for filing a wrongful death lawsuit is two years, although there are exceptions relating to a minor’s right to file. It is in a claimant’s best interest to speak to Tittle & Perlmuter’s wrongful death lawyers as soon as possible – only then can we start to gather evidence to assist in the prosecution of your claim.
Some people say attorneys should not become emotionally involved in their cases – at Tittle & Perlmuter, we believe in the opposite. We think it is crucial to try to walk in your shoes and truly understand a loved one’s death from your perspective.
While the whole family is affected by the death of a loved one, only the personal representative for the Estate can bring the claim. This person is appointed by the Probate Court. However, the personal representative can bring the claim for all of the next of kin of the deceased, which may include the spouse, children, parents, siblings, or other next of kin.
At Tittle & Perlmuter, one of our primary goals is to obtain answers about the death, reach a sense of resolution, and recover the funds the decedent’s next of kin needs to move on with their lives. To do that, our wrongful death attorneys can help this process by doing the following:
The wrongful death attorneys at Tittle & Perlmuter understand the hardships a family faces after the sudden passing of a loved one and is dedicated to seeking fair compensation for these individuals.
Most personal injury claims are for the benefit of the person that suffered the injury. However, these claims are different. The sole purpose of these claims is to bring monetary compensation and comfort to the deceased’s family. A lawyer could determine what a family may be entitled to recover in a Cleveland wrongful death case based on their losses.
These claims can demand compensation for a variety of losses related to the death. Specifically, Ohio Revised Code §2125.02(B) states that a wrongful death claim may request compensation for:
The death of a loved one could leave you feeling confused and unsure about what your next steps should be. If you wish to take action against the party that is responsible for your loved one’s death, contact our firm for legal guidance.
A Cleveland wrongful death lawyer could work with the decedent’s personal representative to evaluate the liability of defendants, measure the impact of the death on your family, and demand proper compensation. When you are ready to get started on your case, call today.