There is nothing worse than finding out that a loved one has lost his or her life due to someone else's negligence or malicious behavior. If you're a surviving family member of a deceased person, you may be able to file a wrongful death lawsuit against the party responsible for your loved one's death.
A wrongful death lawsuit would allow you to recover economic and non-economic damages relating to your loved one's death. You must file a wrongful death lawsuit within within two years from the date of your loved one's death. If you're not sure where to start, the best thing to do is to speak to an experienced Ohio personal injury lawyer who can inform you of your rights.
Required wrongful death lawsuit criteria
Certain criteria must be established when pursuing a wrongful death lawsuit under Chapter 2125 of Ohio state code. For example, you must prove that:
- Negligence, recklessness, or a deliberate act caused your loved one's death. This may include a:
- Car or truck accident
- Pedestrian, bicyclist or motorcycle accident
- Workplace accident
- Slip and fall or premises liability incident
- Medical malpractice
- Dangerous product or drug
- Act of violence linked to negligent security
- You're a surviving spouse, child, adopted child or parent of the deceased person. Other family members may be able to recover damages if they can prove that they have suffered monetary losses as a result of the death. Compensation is split evenly among certain relatives, such as the deceased person's children, and can be dispersed among other family members.
- You and your family suffered a considerable amount of damages due to your loved one's death. This often includes:
- Medical bills and burial expenses
- Compensation for pain and suffering endured by you and your family
- Lost wages or earnings that the deceased person would have earned had the death not occurred
- Loss of support, companionship, protection, guidance, support and care the deceased person would have provided
- Punitive damages to punish the party responsible for causing your loved one's death and discourage similar behavior from happening again
How do I get started?
Losing a loved one is a heartbreaking experience, but getting the justice you deserve shouldn't have to be. The insurance company who represents the at-fault party may pretend to care about your situation. The truth is insurance companies are more concerned with saving money and they'll do whatever it takes to pay you as little as possible.
That's why you need a strong legal advocate on your side who will fight to hold the responsible party accountable for your loved one's death. The Gervelis Law Firm has helped families of deceased victims throughout Ohio and Pennsylvania for decades. We won't let the insurance companies dictate the outcome of your case. We'll stop at nothing to help you recover every dollar owed to you.
Our law firm has offices in Toledo, Youngstown, Akron, and Columbus, OH. We also have an office in Hermitage, PA. Contact us online to find out how we can help you and your family.