Wrongful Death Attorney Columbus, Ohio
Losing a loved one is always hard, and there’s nothing that anyone can do to bring them back. A wrongful death lawsuit, can compensate you for funeral expenses, financial losses suffered because of your loved one’s death, and for the pain and suffering that you have faced. These lawsuits can not heal your grief, but they can help you have closure and find some level of peace with what has happened. Our compassionate and dedicated staff understand how hard grief is without the added complexity of legal proceedings, and we want to ease that hardship, so you can focus on healing.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit occurs when someone has died because another person or organization was either negligent or committed some type of misconduct. Crimes like manslaughter or murder are examples of cases that can become wrongful death lawsuits. Wrongful death is a civil and not criminal action, so it seeks compensation for various deeds rather than penalties like jail time. A notorious example of a wrongful death suit is when O.J. Simpson had to pay compensation towards his victim’s families in a civil suit despite not being criminally charged. The standard of proof is generally lower in these cases than in criminal cases. In many ways, wrongful death is a type of personal injury case that is proxied by the loved ones of the deceased because the deceased is no longer alive to bring the case on their own.
What Constitutes Wrongful Death?
Wrongful death can cover a range of situations. For example, it can cover any deaths that were caused by negligence, but it can also cover more specific issues like medical malpractice or neglect. It can also relate to crimes, such as murder or another intentional killing, or even inadvertent killing in the midst of a crime. In Ohio, the law states that a wrongful death suit can be brought even as a defendant is being criminally charged with crimes like murder or manslaughter. The general rule is that if a person would have been able to make personal injury claims had they lived, a wrongful death case may also apply.
How can a Columbus Wrongful Death Attorney Help?
A Columbus wrongful death lawyer can help you stay on the right track as you file your claim. While any lawyer in your state can file these papers for you, it helps to have a firm that can best use its resources and get you the compensation you are owed. Those who specialize in wrongful deaths know how to calculate how much compensation you should seek and how the nuances of the law will impact your case. When a lawyer doesn’t specialize in a certain type of law, they may not be as up-to-date on current laws and precedents. Lawyers continue their education throughout their careers to keep their licenses, and they tend to learn more about their specialties. Thus, choosing just any lawyer won’t necessarily get you the best results.
Types of Wrongful Death Claims
Some of the most common causes of wrongful death claims include:
- Motor accidents
- Medical malpractice
- Workplace accidents
- Bike accidents
- Pedestrian accidents
- Premise liability accidents
- Overdoses and Poisonings
- Water-related accidents
These are just a few examples of wrongful death, but there are certainly other options and incidents that may reflect wrongful death.
How To Prove Wrongful Death in Ohio
The law varies by state, which is why it’s so important to understand Ohio law if you want to have a successful claim in Ohio. The basic gist is that you have to prove that your loved one died because of a wrongful or negligent act. A wrongful act can include crimes, but these cases extend beyond just criminal actions. To prove negligence, you have to show that someone failed their duty of care.
Because the law is never simple, it is best to find a wrongful death attorney in Columbus, Ohio. Lawyers at YD Legal have been trained to understand the parameters of Ohio law and recognize what makes a successful case.
What Compensation Can I Recover for the Death of a Family Member and How Much is a Wrongful Death Worth?
The compensation for a wrongful death case is not a sure thing. This figure will depend on a range of factors. Some things that might influence the amount include the suffering experienced by the deceased as they were dying, funeral and burial expenses, medical expenses prior to the death, financial losses to those who relied on the deceased, other physical and mental damages, and the level of liability of the defendant.
Who Can File Wrongful Death Claims?
Not just anyone can file a wrongful death claim. You may think that the right would be given to spouses, children, or another close family member, but that is not always the case. In Ohio, whoever has been designated as the deceased’s personal representative becomes the one who will bring the case. This person is chosen either through a person’s will or could be chosen by the court. However, the person making a claim does not necessarily get all the damages. Rather, the compensation is usually divided among those who have had some kind of personal damages based on their losses. This division tends to prioritize spouses, parents, and children, but in certain instances, other loved ones may suffer enough damages for compensation.
Contact a Columbus Wrongful Death Attorney Today
A Columbus wrongful death attorney can help you seek compensation for the death of a loved one. If you think that someone is responsible because of negligence or misconduct for your loved one’s death, you should schedule a consultation with us to answer any questions you may have and determine if you have a strong enough case to move forward with proceedings.Free Consultation
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