The immediate aftermath of a fatal accident is an overwhelming time for everyone who knew the decedent, and especially for his or her close family members and friends. In this uncertain and intensely emotional period, the idea of undertaking civil action against the party responsible for your loss may understandably feel like too much to add to your family’s plate.
However, seeking fair financial recovery for the hardships related to your loved one’s death can be crucial to preserving your family’s future prospects, and a compassionate Lakewood wrongful death lawyer will provide essential assistance in doing so. A personal injury attorney can shoulder the procedural and practical burdens of litigation on your behalf so you can focus on your needs and those of your loved ones.
Possible Grounds for a Wrongful Death Action
Ohio Revised Code §2125.01 states that if an accident would have allowed for the deceased person to pursue personal injury litigation against the responsible party, that cause of action “survives” the prospective plaintiff’s death, as well as the death of the prospective defendant, if applicable.
Importantly, it is possible to file a wrongful death lawsuit following accidents born of traditional negligence like car wrecks and dangerous property conditions and based on forms of professional negligence such as medical malpractice, intentional acts, or criminal acts. A dedicated Lakewood attorney can explain in detail during a private consultation what grounds might allow a decedent’s loved ones to file a wrongful death claim.
What Rules Exist for Filing a Wrongful Death Claim in Lakewood?
In many states, immediate family members of the decedent have legal standing to pursue wrongful death claims in their loved one’s name. Under O.R.C. §2125.02, though, only the decedent’s personal representative has the standing to do so. This party is generally someone assigned in the decedent’s will, but if the decedent did not designate a representative or did not have a valid will at the time of his or her death, the court may appoint one. This same section of state law establishes specific losses a wrongful death case may seek restitution for, including:
- Lost care and companionship from the decedent
- Lost household services from the decedent
- Mental anguish experienced by surviving family members
- Lost future financial support
- Lost prospective inheritance
Compensation for these damages generally goes to the decedent’s surviving spouse, children, or parents by default. Still, other close family members may petition the court for recovery if they can prove they experienced compensable losses due to a wrongful death. A lawyer in Lakewood can provide irreplaceable assistance when it comes to maximizing compensation, as well as with filing the claim within the two-year statutory filing deadline applicable to these wrongful death cases.
Speak with a Lakewood Wrongful Death Attorney About Your Legal Options
There is no experience worse than suddenly losing a loved one to an unexpected and preventable accident, and no amount of money can fully make up for the harm this kind of loss can produce. However, civil recovery could ensure you and your family do not suffer from devastating financial consequences long into the future because of someone else’s misconduct.
A knowledgeable Lakewood wrongful death lawyer can provide the guidance and support you may need to make the best possible decision for your situation. Call Tittle & Perlmuter today for a consultation.
