Losing a loved one is a devastating event, especially when it is the result of someone else’s negligence. The family members of someone killed in an accident might feel anger, grief, and shock. After many fatal accidents, families are left uncertain about how to proceed. One of the best ways to respond to these accidents is to immediately speak with our experienced wrongful death attorneys in Hamilton. We understand how to help your family fight for the compensation that you deserve.
The state of Ohio recognizes two forms of legal action when a person dies as the result of another person’s negligence – survival actions and wrongful death claims.
A wrongful death claim is initiated by a deceased person’s family and assigns a monetary value to a person’s death for the purpose of compensating the deceased person’s survivors.
A survival action, however, is the legal action that the deceased person would have been able to initiate against the at-fault party. As a result, survival actions focus only on the deceased person and provide compensation for various costs associated with the person’s death including medical bills and pain and suffering.
While there are numerous types of accidents that can lead to wrongful death, some of the most common examples include the following:
The legal requirements for filing a wrongful death claim in Ohio are described in Ohio statute Section 2125.01. In order for a wrongful death claim to be filed, there must be a person who would have been able to file a lawsuit for personal injury had they not died as a result of that injury. Since that person is no longer alive to file a lawsuit against the liable party, the living personal representative, or executor, may file a lawsuit on their behalf.
Some examples of situations from which a wrongful death suit can be filed involve medical malpractice, intentional acts (such as homicide or manslaughter), negligence, and others.
There are three primary elements required to prove a wrongful death claim in Ohio: negligence, damages, and cause.
When it comes to the paperwork involved with filing a case, it is best to speak with a wrongful death attorney in Hamilton who has experience in this area.
In Ohio, the “personal representative” of the decedent must file the lawsuit. This is the person who is responsible for managing the decedent’s estate, also known as an executor. According to Ohio Statute 2125.02, the personal representative must bring the lawsuit for the exclusive benefit of the decedent’s surviving spouse, children, and parents.
A tragic event can be made worse when it is discovered that the at-fault party does not have insurance. Fortunately, there are some remedies that our experienced wrongful death attorneys in Hamilton, Ohio can guide you through.
Many car insurance policies contain provisions that provide coverage in the event of a crash caused by an uninsured or underinsured motorist. If this is the case, you may file an uninsured motorist claim. If that coverage amount is not enough, a wrongful death attorney can help you by filing a lawsuit against the at-fault party to recover damages.
There are numerous types of damages that can be recovered in wrongful death suit, which include the following:
There are generally two methods in which money may be paid out to beneficiaries in a wrongful death lawsuit. The first involves a lump sum payout. This is a full payment that will cover medical expenses, funeral costs, pain and suffering, and any other damages covered in the lawsuit. This is an ideal method used for paying off large sums of debt, such as medical costs or loans.
The second method is a structured settlement. This is essentially a payment plan in which the beneficiaries will receive monthly support. This is a long term scenario that can create a support structure for the beneficiary, but it is not useful in paying off large sums of debt.
After a wrongful death occurs, survivors often find themselves confronting a number of obstacles. In addition to the emotional hardships that often follow an unexpected death, families also often find themselves facing significant financial difficulties. Fortunately, our seasoned wrongful death attorneys can help people obtain the compensation that they deserve. Speak with Kruger & Hodges today to schedule an initial free consultation for assistance with your wrongful death case.
