It is always difficult to lose a loved one. When the death was caused by another person’s negligence or wrongdoing, surviving family members may feel confused and overwhelmed by the legal process. It is common for those left behind to feel unsure of what steps to take next. A Columbus wrongful death attorney at Malek & Malek can help you and your family gain adequate justice for your loss.
Ohio’s wrongful death statute, which is codified at Section 2125.01 et seq. of the Ohio Revised Code, permits an individual to file a lawsuit on behalf of the deceased person when the death is a result of negligence or a wrongful act. It is a distinct cause of action that provides monetary compensation for damages suffered after a death occurs. Some common causes of action include medical malpractice, car accidents, elder abuse, and defective products. Anytime a death was caused by another’s willful or negligent act, there is potential for a wrongful death claim. A wrongful death case are very complicated, as such it necessitates a competent and caring Columbus wrongful death attorney.
Ohio law specifies that a wrongful death lawsuit must be brought by the fiduciary of the deceased’s estate. Wrongful death cases are filed by the estate representative on behalf of the victim’s heirs and beneficiaries. This usually means a spouse, children, or other close family members. If there is a will, the executor will represent the estate in the wrongful death case. In the absence of a will, the court-appointed administrator is responsible for bringing a wrongful death case.
In order to bring a successful wrongful death claim, the estate must prove that the death was wrongful. This involves demonstrating that it was caused by negligence. It must also be shown that the death would not likely have occurred had the wrongdoer not committed a negligent act. Once that is established, the estate must show what damages the survivors have incurred.
Money can never really make anyone completely whole again after such a devastating loss, but the law attempts to compensate family members for the pain and suffering endured as a result of wrongful death. Damages include loss of companionship, services, prospective inheritance, and support. It is also possible to receive compensation for medical bills, funeral costs, and mental anguish suffered by survivors.
Unlike medical malpractice and personal injury lawsuits, damages in wrongful death cases are immune from estate tax and creditors’ claims. Instead, compensation is distributed directly to the estate’s beneficiaries. While there is no limit on the amount of damages the estate can recover, wrongful death cases in Ohio are governed by a two-year statute of limitations.
The wrongful death lawyers at Malek & Malek will aggressively and compassionately strive to bring justice for your loss. We’ll work for what you deserve in workers compensation and personal injury cases.
For additional information regarding our quality legal representation services, or to schedule a free case evaluation, call us today at 888.444.7440. Let Malek & Malek be your secret weapon in cases of workers compensation and personal injury.