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Bench in a Forest

What You Must Know About Being a Part of a Wrongful Death Case

There are so many ways that someone can wrongfully die. There are car accidents, construction accidents, weird accidents that just happen. The most common of all accidents that happen are trucking accidents. These large accidents happen all too often and this causes those who are a part of the wrongful death to seek restitution for the damages suffered. If you find yourself in a situation such as this, please reach out to a personal injury lawyer in Hamilton who can provide the help you need.

What Exactly is a Wrongful Death?

A wrongful death case is a legal claim for the injury damages suffered by the wrongful loss of a loved one. A wrongful death case can be filed in most instances when a loved one dies regardless of the criminal charges being filed against the individual. That means that deaths caused by neglect, a mistake, or an intentional action could all qualify for a wrongful death lawsuit.

The family of the deceased is who can take action against the responsible party. This is generally the surviving family member such as a child, spouse, or parent. Those who are not as close to the person, such as aunts, uncles, cousins, or even siblings can’t usually file a wrongful death case successfully unless the individual can prove they were very close and reliant on the deceased.

Who Benefits from a Case Like This?

Those who are the closest to the deceased are who would benefit the most. This is generally the spouse for an adult, or the parents if the deceased is a minor. Those furthest away from the person wouldn’t be as involved. Children of the deceased can receive a share of the benefits either through the surviving spouse or through a separate share of the payout if their parent is different than the surviving spouse. Children can claim missed opportunities, such as specific life events like weddings or graduations. They can also claim a lost mentor and in some instances a loss of financial support depending on the circumstances. However, those who are not parents, children, or spouses should not expect much in a wrongful death case.

In the state of Ohio, most civil wrongful death cases can be resolved through a settlement before ever going to trial. If they are brought to trial, a jury will determine the amount of compensation that’s to be given out to the surviving family members that qualify. There are many different variables that go into play in a wrongful death suit, who gets what amount or percentage of the settlement, and how much is being paid out entirely. These cases are determined by looking at all the details surrounding the individual’s death, and also by looking at specifics such as the individuals earning power, age, and relationships with loved ones to decide how much the damages should be and who qualifies to receive them.

If you find yourself in need of a lawyer in a wrongful death case, then speak with our attorneys. They can provide legal support and information regarding the case, allowing you to breathe easily. Call today to learn more.

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