Learn About Your Legal Rights After a Fatal Collision from an Experienced Columbus Wrongful Death Lawyer

If you have lost a loved one in a fatal car, truck or motorcycle accident in Ohio, talking to a Columbus wrongful death attorney is the first step toward holding the at-fault party accountable. At Malek & Malek Law Firm, we are passionate about seeking justice for grieving families. Our attorneys have well over 100 years of combined experience, and we have won millions of dollars for our clients.

When you contact us about your loved one’s fatal accident, we will quickly begin taking the necessary steps to preserve your family’s legal rights. We will also ensure that you are making informed and confident decisions, and we will be there to provide advice and assistance every step of the way. We understand that you are going through an unimaginably difficult time, and we will do as much as we possibly can on your behalf so that you can focus on spending time with your family.

When Family Members Can File Wrongful Death Claims for Fatal Motor Vehicle Accidents in Ohio

Families in Ohio can file wrongful death claims after fatal motor vehicle accidents in a wide range of circumstances. Broadly speaking, however, the grounds for filing a wrongful death claim after a fatal accident fall into three categories: (i) driver negligence, (ii) vehicle defects and maintenance issues, and (iii) road defects and maintenance issues.

Fatal Accidents Involving Driver Negligence

The vast majority of fatal motor vehicle accidents involve driver negligence. Despite the obvious risks of driving dangerously, it is clear that far too many people still make bad decisions behind the wheel. For example, some of the leading causes of fatal motor vehicle accidents include:

• Alcohol or Drug-Impaired Driving
• Distracted Driving
• Driving Into Oncoming Traffic
• Fatigued Driving or Falling Asleep at the Wheel
• Merging Without Looking
• Road Rage
• Running a Red Light or Stop Sign
• Speeding
• Tailgating
• Turning Without the Right of Way
• Weaving Through Traffic

In most cases, filing a wrongful death claim after a fatal accident involving driver negligence means dealing with the insurance companies. However, if driver negligence is to blame for your loved one’s death, this doesn’t necessarily mean that the negligent driver (or his or her insurer) is the only one who is accountable.

Employers, parents, bars and restaurants, and various other third parties can be held accountable in appropriate cases as well. When a Columbus wrongful death lawyer at our firm investigates your family’s wrongful death claim, your lawyer will carefully evaluate all potential grounds for seeking financial compensation on your family’s behalf.

Fatal Accidents Involving Vehicle Maintenance Issues and Defects

Along with driver negligence, vehicle maintenance issues and defects can also play a role in fatal motor vehicle accidents. This includes maintenance issues and defects that lead to accidents (i.e., a faulty brake job or alignment) as well as those that lead to fatal injuries (i.e., an airbag or seatbelt defect).

In these cases, asserting your family’s legal rights can involve pursuing a few different types of claims. If the driver of the other vehicle failed to perform necessary maintenance, then your family’s Columbus wrongful death attorney may still need to deal with his or her insurance company. However, if a repair shop or dealership performed faulty service work (whether on your loved one’s vehicle or someone else’s), then the repair shop or dealership could be liable. On the other hand, if one of the vehicles involved in the fatal accident was defective when it left the factory, then the manufacturer could be fully liable for your loved one’s untimely death.

Fatal Accidents Involving Road Maintenance Issues and Defects

Road maintenance issues and defects can play a role in causing fatal accidents as well. These issues can range from poor road construction to inadequate road maintenance and from poorly timed stop lights to signage that is obstructed by overgrown vegetation.

When an issue with the road is responsible for a fatal accident, the government agency or contractor that is responsible for the issue can be held accountable under Ohio law. Importantly, however, special rules (including special deadlines) apply when filing a claim against the government. With this in mind, if you suspect that an issue with the road may be to blame (or even partially to blame) for your loved one’s passing, it will be especially important for you to speak with an experienced Columbus wrongful death lawyer right away.

Steps Involved in a Wrongful Death Case Involving a Fatal Motor Vehicle Accident

If your family has a wrongful death claim, what can you expect if you hire an attorney at Malek & Malek Law Firm to seek justice on your family’s behalf? Here is a very brief introduction to the major steps involved in pursuing a wrongful death claim after a fatal motor vehicle accident in Ohio:

1. Investigating Your Loved One’s Fatal Accident

One of the first and most important steps in the process will be to investigate your loved one’s fatal accident. This investigation should take place as soon as possible—to ensure that we can preserve as much evidence as possible before it disappears. Along with sending an investigator to the scene of the crash, this may involve obtaining traffic or surveillance camera footage, subpoenaing phone records or receipts, talking to witnesses, and gathering evidence from a variety of other sources.

2. Determining Who is Eligible to File and Seek Compensation

Ohio law establishes both who is eligible to file a wrongful death claim and who is eligible to receive financial compensation if a wrongful death claim is successful. Your lawyer at Malek & Malek Law Firm can determine who needs to file your family’s claim as well as who will be eligible to receive a portion of the settlement or verdict if your family’s claim is successful.

3. Determining the Value of Your Family’s Wrongful Death Claim

Your lawyer at Malek & Malek Law Firm will also work closely with you, other eligible family members, your loved one’s doctors and other experts to determine the value of your family’s wrongful death claim. It is critical that eligible family members ensure they are seeking the full compensation they deserve, as Ohio law only generally only provides one chance to seek justice for a loved one’s wrongful death.

4. Negotiating for an Out-of-Court Settlement

Most successful wrongful death cases end with out-of-court settlements, and an experienced Columbus wrongful death attorney will be able to negotiate for a just settlement on your family’s behalf. Of course, there are no guarantees, and it is ultimately up to you whether you are willing to settle or you want to fight for additional financial compensation in court.

5. Seeking Justice for Your Loved One’s Death in Court if Necessary

If you decide that you want to go to court, your Columbus wrongful death attorney at Malek & Malek Law Firm will prepare rigorously to present your family’s case at trial. While we have extensive experience in settlement negotiations, we are experienced trial attorneys as well, and we do not hesitate to fight on behalf of our clients when necessary.

Types of Fatal Motor Vehicle Accident Cases We Handle

We handle all types of fatal motor vehicle accident cases in Ohio. No matter what happened, if you have lost a spouse, child, parent or another close family member in a fatal accident, we strongly encourage you to contact us to learn more about how we can help. The types of cases we handle include:

Car Accidents

We represent families in Ohio and elsewhere who have lost loved ones in fatal car, pickup truck and SUV accidents in the state. Whether your loved one’s car accident was the result of driver negligence, a vehicle maintenance issue or defect, or a problem with the road, we can use our experience to fight for the financial compensation you and your family deserve.

Truck Accidents

We represent families in fatal truck accident cases in Ohio as well. If your loved one lost his or her life in an accident involving an 18-wheeler, box truck, car carrier, dump truck or any other type of commercial vehicle, we are prepared to do what it takes to hold the company that is to blame legally and financially responsible.

Motorcycle Accidents

Our attorneys also handle wrongful death cases involving fatal motorcycle accidents. Along with the issues discussed above, these cases occasionally involve claims related to defective helmets and other riding gear failures as well. When investigating your family’s legal rights, your Columbus wrongful death attorney at Malek & Malek Law Firm will consider these possibilities along with the other potential factors discussed above, and we will fight to ensure that any and all companies that are responsible for your loved one’s death are held duly accountable.

Speak with an Experienced Columbus Wrongful Death Attorney for Free

If you need to know more about filing a wrongful death claim after a fatal motor vehicle accident in Ohio, we invite you to contact us for a free, no-obligation consultation. Call 888-444-7440 or send us a message online to schedule an appointment today.