Learn About Who Can File a Claim in Ohio from an Experienced Columbus Wrongful Death Lawyer

Losing a loved one unexpectedly can leave you with lots of questions. It can also leave you unsure where to turn for help. Coping with a loved one’s untimely passing is an incredibly difficult situation, and everyone dealing with this situation needs to be able to rely on someone who can help them feel confident in their decisions as they move forward.

This includes their decisions regarding filing a wrongful death claim. Families that lose loved ones unexpectedly are entitled to damages in many cases, and hiring a Columbus wrongful death lawyer can be critical for managing the financial and non-financial costs of losing a loved one too soon. At Malek & Malek Law Firm, we regularly speak with family members who have lost loved ones in fatal accidents. When speaking with grieving family members, one of the most common questions we receive is: Who is eligible to file a claim for wrongful death?

Who Is Eligible to File a Wrongful Death Claim in Ohio?

In Ohio, a wrongful death claim must be filed by the fiduciary of the deceased’s estate. This individual, also known as the deceased’s personal representative, will need to be identified through the probate process. Typically, the deceased’s personal representative will be identified in one of two ways:

• If the deceased left a will, the personal representative named in his or her will is the one who is eligible to file a wrongful death claim; or,
• If the deceased did not leave a will, a personal representative will need to be appointed through the probate process.

In both scenarios, the personal representative will usually be the deceased’s spouse, partner, parent, adult child or another close family member. But, there are other possibilities as well. We can assist with identifying your loved one’s personal representative, and then we can assist your loved one’s personal representative with filing your family’s wrongful death claim.

Who Is Eligible to Receive Financial Compensation for a Loved One’s Wrongful Death?

When a personal representative files a wrongful death claim in Ohio, he or she files the claim on behalf of the deceased’s estate. This means that, if the claim is successful, the proceeds from the settlement or verdict will become part of the estate to be distributed to the deceased’s beneficiaries.

Similar to the deceased’s personal representative, the deceased’s beneficiaries will be identified in his or her estate plan, if one exists. If the deceased did not prepare an estate plan, then his or her beneficiaries will be determined under Ohio law. We can assist with identifying your loved one’s beneficiaries as well, and then you can use this information to make sure that you personally receive any financial compensation to which you are legally entitled.

Types of Accidents that Are Eligible for Wrongful Death Claims

If you believe that you may be eligible to file a wrongful death claim or receive compensation from a wrongful death lawsuit, our lawyers can explain everything you need to know and help you make informed decisions about your next steps. Each Columbus wrongful death lawyer at Malek & Malek Law Firm handles cases involving accidents, including:

Car Accidents

We represent eligible family members in wrongful death cases following fatal car accidents in Ohio. If you have lost a loved one in a car accident and you suspect that other driver may have been speeding, tailgating, driving under the influence, driving while distracted, or otherwise violating the law, a Columbus wrongful death attorney at our firm can conduct a thorough investigation and explain the options you and your family have available.

Truck Accidents

We handle fatal truck accident cases as well. Along with driver negligence, truck accidents (and car accidents) can also result from a variety of other factors. Brake failures, tire blowouts, coupling failures, cargo loading errors, and violations of federal trucking safety regulations are just a handful of examples of issues that can—and do—lead to fatal truck accidents far too often. Since these cases typically involve dealing with trucking companies and other large corporations instead of auto insurance companies, it is critical to have a Columbus wrongful death lawyer with relevant experience on your side.

Motorcycle Accidents

A variety of issues can lead to fatal motorcycle accidents as well. Even when experienced riders put safety first, the unfortunate reality is that there are still numerous risk factors that are beyond their control. If a careless driver, motorcycle defect or ineffective motorcycle helmet is to blame for your loved one’s untimely death, our attorneys are prepared to do everything we can to seek justice for your family and ensure that the at-fault party is held fully responsible.

Premises-Related Accidents

Along with accidents on the road, we handle wrongful death cases involving fatal premises-related accidents as well. This includes fatal falls as well as elevator and escalator malfunctions, electrocutions, drownings and other deadly incidents. All property owners have a duty to take reasonable measures to protect their patrons and guests in Ohio, and when they fail to meet this duty, they can be held fully accountable for the consequences of their failure.

Similar to motor vehicle accident cases, wrongful death cases involving fatal premises-related accidents typically begin with filing an insurance claim. But, if accepting an insurance settlement is not your family’s best option under the circumstances at hand, your Columbus wrongful death attorney at Malek & Malek Law Firm will be fully prepared to fight for your family’s legal rights in court.

Accidents at Work

We also handle wrongful death cases involving all types of fatal accidents at work. While eligible family members will be limited to seeking death benefits through workers’ compensation in some cases, these family members will be able to file claims outside of workers’ compensation in many cases as well. Once again, a Columbus wrongful death lawyer at our firm can explain everything you need to know, and we can make sure we are seeking the maximum compensation available on your family’s behalf.

Schedule a Free Initial Consultation with a Columbus Wrongful Death Lawyer

If you need more information about who is eligible to file a wrongful death claim or receive financial compensation for a loved one’s wrongful death in Ohio, we invite you to get in touch. Call 888-444-7440 or contact us online to schedule a free initial consultation with a Columbus wrongful death lawyer at Malek & Malek Law Firm.