After losing a loved one, it may be intimidating to go through the process of filing a wrongful death lawsuit in Ohio. While nothing can bring your loved one back, a wrongful death claim helps provide the compensation your family needs to recover. Here are the basic things you need to know about filing a wrongful death claim in Ohio and how Bensinger Law can help. What Is Wrongful Death? The state of Ohio defines wrongful death as any death caused by the negligence of another person. Generally, wrongful death lawsuits occur when the deceased person dies before being able to file their own personal injury lawsuit. In the case of wrongful death lawsuits, another party files the claim on behalf of the deceased. Who Can File a Wrongful Death Suit in Ohio? According to Ohio Revised Code § 2125.01, the personal representative of the deceased must file a wrongful death suit. While this may be a spouse, child, or parent, it could also be a lawyer, a financial advisor, or the executor of the estate. Ultimately, it depends on whether the deceased assigned an executor before their death. If they do not appoint an executor, the probate court appoints a third-party representative to oversee the lawsuit. Statute of Limitations for Wrongful Death Lawsuit in Ohio Currently, the statute of limitations for wrongful death in Ohio is two years from the date of death. This means that the representative must file a claim before the deadline. If the representative doesn’t file the claim within the time limit, the court may refuse to hear the case. There are some rare instances where the statute of limitations may change. For example, injuries caused by a government employee or entity require a separate filing with the agency responsible. Potential Damages in a Wrongful Death Case In wrongful death cases, the deceased’s survivors may seek damages from those responsible. While it’s impossible to assign a value to human life, the law enables families to seek damages for a variety of economic and non-economic losses. The court usually awards these damages to the spouse, children, and parents of the deceased. However, there are certain circumstances where other family members may recover damages. Economic Damages Economic damages are any calculable losses sustained by the surviving family members of the deceased. In other words, these losses must be tangible and have a standard cost. This includes things like medical bills for treatment before death, funeral expenses, loss of future income, to name a few. Non-Economic Damages Non-economic damages are any losses that can’t be calculated with traditional methods. In essence, non-economic damages refer to the intangible, subjective losses incurred by the family after a loved one’s death. This includes: Loss of support and guidance, Loss of companionship, Loss of consortium, and Mental anguish. There are a few different ways an attorney may calculate non-economic damages. However, many use the multiplier method, which multiplies the total economic damages by a whole number. How Long Does a Wrongful Death Lawsuit Take? The amount of time it takes to complete your wrongful death lawsuit depends on many factors. Usually, settling a case takes less time than going to trial. However, the best way to know the length of your case is to speak with an experienced Ohio wrongful death attorney. They can give you an estimate based on the specific circumstances of your case. How Does the Court Distribute Compensation? Who gets the money in a wrongful death lawsuit in Ohio? Whether the representative of the deceased settles or wins a judgment, the distribution method is the same. At the end of the proceedings, the court may reimburse the person who paid the funeral expenses or award those funds to the representative to pay for the services. Afterward, the representative distributes the compensation based on the shares set by the court for each beneficiary. The share percentage differs from case to case. In some instances, the court may award an equal percentage to each beneficiary. However, if the recipients want to determine the distribution for each person, the court allows this as well. Need Help with Your Wrongful Death Lawsuit in Ohio? Losing a loved one due to the negligence of another is difficult, but you don’t have to go through it alone. Attorney Aaron Bensinger knows how devastating the loss of life is for families. He will manage your case from start to finish and pursue the justice your family deserves. To schedule a free consultation, contact Bensinger Law today at 419-455-1410. Aaron is proud to serve clients throughout Ohio from his practice in Lima.Keep Reading
Driven to Win.
Ohio Lawyer Specializing in Personal Injury and Civil Litigation
Aaron has extensive experience navigating personal injury and civil litgation in Ohio and California. Now based in Lima, Ohio, Aaron is dedicated to providing his clients with the best legal service possible.
He takes the fight to insurance companies, and won’t hesitate to take your case to trial. Aaron focuses on ensuring that each of his clients obtains the compensation he knows they deserve, despite the claims of insurance companies. As a personal injury lawyer, Aaron understands how devastating a serious injury can be. He and his team want to help you get your life back. His attention to detail is why some of the regions largest companies have chosen Aaron when faced with litigation. Aaron and his team are also staffed to handle litigation of any size including Federal cases, Ohio state cases, California state cases, and administrative actions.
In addition to personal injury, Aaron handles a variety of civil litigation cases. His diverse background helps him achieve the best results in all areas of law.
Let us Worry About Your Case, You Focus on Healing.
Meet Ohio Personal Injury Lawyer
Aaron L. Bensinger
When you work with Aaron, you’ll know right away that you’re more than “just another case.” Though Aaron has extensive experience working in large markets like California, he focuses on giving each client the attention they deserve.
Currently, Aaron is licensed to practice in both Ohio and California, but Ohio is home, and he loves helping people in Lima and beyond. Super Lawyers recognized Aaron as a “Rising Star” in 2014 and 2015.
“I have had an outstanding experience with Aaron Bensinger and his team. From day one they made me feel welcomed and taken care of! Frequent updates are the norm when you work with Aaron Bensinger. In addition, he really went the extra mile to make sure I was highly compensated for my injuries. Needless to say, I was satisfied with the outcome. I had a great experience and would come back with any other of my legal needs. He is the man!!”- Angela Hahn
"I highly recommend Aaron. He went above and beyond to help me out. He was extremely professional. My case was very overwhelming and he did a great job getting everything sorted out and taken care of."- Jordan Dunlap
"Aaron did a wonderful job on my Personal Injury case! He worked hard on my case, kept me informed throughout the process and obtained a great result! He is accessible and made me feel like he never stopped thinking about my case. I would recommend him to anyone."- Stephanie Huston
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After a car accident in Montgomery County, Ohio, an accident report serves as a crucial piece of evidence memorializing the event. If you suffer injuries or property damage, you probably want to recover compensation from the at-fault party. Your accident report provides an unbiased account of a reporting law enforcement officer’s observations of your accident. Read on to learn how to get a copy of your Montgomery County accident report and why this report is so important. Different Ways to Get Your Montgomery County Accident Report The Montgomery County Sheriff’s Office provides two ways to obtain a copy of your accident report. The most direct way to retrieve your accident report is through the State of Ohio online database. In Ohio, Montgomery County accident reports are typically available approximately 72 hours after the event. Look up the crash by the following information: Date of occurrence, County of occurrence, or Reporting agency. The search results may populate an exhaustive list of all accidents occurring in Montgomery County on that date. Once you find your report, you are free to download it directly from the State of Ohio database for no charge. If photographs or witness statements were taken at the scene of your accident, this evidence isn’t included in the State of Ohio copies of your Montgomery County accident report. However, any photographs and witness statements may provide crucial evidence in support of your claim. You can retrieve this additional evidence directly from the Montgomery County Sheriff’s Office through their online request form. The information required includes: Name, Email address, Phone number, Address, Report number, Crash date, and Location of the crash. It’s important to note that if your accident occurred on private property, or if only an exchange of information was completed, you cannot use the State of Ohio database to find your Montgomery County accident report. Request a Copy of Your Accident Report How to Read Montgomery County Accident Reports A Montgomery County car accident report provides a wealth of information that can be incredibly confusing to understand. It’s critical to review the information contained in your Montgomery County Police accident report to ensure its accuracy. Crash Page OH-1 The first page of your crash report provides basic information such as the date, time, and location of the accident, in addition to any photographs accompanying the report. The middle portion of this report describes weather conditions and the type of collision that occurred. The Montgomery County, Ohio accident report includes a section for the reporting officer to create a narrative of events. Crash Page OH-1U The next page of Montgomery County car accident reports provides the identifying information of the parties and the type of vehicles involved in the accident. This information can be incredibly useful for your personal injury attorney in filing a lawsuit. For example, if you suffered injuries so severe you were unable to get the contact information of other parties involved, there’s no reason to fret. All that information should be in the accident report. A reporting law enforcement official also identifies any damage to vehicles. This information connects your claim for compensation to the damages observed immediately following your car accident. The reporting officer identifies how the accident occurred and the existence of any contributing factors to the accident, such as speeding or failing to adhere to traffic signals. Crash Page OH-1M This page includes information about motorists or non-motorists involved in the crash. Non-motorists include pedestrians and bicyclists. Along with their contact information, the report also includes a section identifying any injuries and whether they were transported for medical treatment. The last page of the Montgomery County accident report is for identifying any additional occupants and the contact information for witnesses. Considering the wealth of information that may be included in your Montgomery County accident report, you should always remember to request that an officer be sent to the scene of your accident. When an officer reports to the scene of an accident, they must create this accident report. Even if you think you didn’t suffer any injuries or incur any property damage, the accident report memorializes vital information surrounding your accident that may become useful later. What Should I Do After an Accident? After the traumatic experience of a car accident, many people can’t think of what to do next. However, if you can, it’s important to remember these important steps to follow after a car accident: Remain at the crash scene; If you are able, check yourself and others for injuries; Contact law enforcement and request assistance; Exchange contact and insurance information with other involved parties; Seek medical attention; and Take photographs of the scene, your vehicle, and other property damage. The experience of a car accident boosts your adrenaline and may trick you into believing you are free of injury. Even if you feel you escaped your accident unscathed, seek medical attention anyway. Serious injuries such as whiplash may lead to more serious spinal and tissue damage if left undiagnosed. Why Do I Need an Attorney? Following a Montgomery County accident, the furthest thing from your mind may be retrieving your accident report. This is how a qualified personal injury attorney can assist you. Aaron Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC, focuses on personal injury and civil litigation and provides superior legal representation to his clients in their time of need. Without hesitation, Aaron will take your case to trial and never backs down in the fight against insurance companies. A personal injury can be devastating and overwhelming. As life goes on around you, you may feel like you’ll never get back on track. Contact Attorney Aaron Bensinger today for compassionate legal representation so you can turn your life around. Contact us today for a free case evaluation.Keep Reading
After a car accident in Allen County, obtaining a copy of your accident report is an important piece of evidence that may affect the outcome of your claim. A law enforcement officer reports to the scene of your accident and creates an accident report based on their unbiased observations. In some reports, a police officer may even identify the at-fault party. It’s common to be uncertain about specific details related to your accident. It’s even more common to forget. Unfortunately, it’s these important details that provide the most support to your claim for compensation. Luckily, an Allen County accident report includes this important information you may have forgotten or been too injured to retain. There are multiple ways to obtain a copy of your accident report. Enlisting the help of a personal injury attorney can assist you in obtaining a copy of your accident report. How to Get Allen County Accident Reports in Person A direct way to retrieve a copy of Allen County, Ohio Sheriff’s accident report is in person at the Sheriff’s Office Records Bureau. The Sheriff’s Office is located at 333 N. Main Street, Lima, Ohio 45802. You may pick up your report between 8:00 AM and 4:00 PM, Monday through Friday. The Allen County Sheriff’s Department charges a fee of $0.04 per page for your car accident report. If the officer reporting to the scene of your accident also took photos to accompany your report, a copy of these photographs can either be emailed to you for no charge or transferred to a CD for a $10 fee. If photographs exist, these may strengthen your claim for recovery in a personal injury lawsuit. Your personal injury attorney can use photographs to help prove essential elements of your claim. How to Get Your Allen County Accident Report by Mail You may also request Allen County, Ohio accident reports by mail or fax via the Sheriff’s website request form. Be sure to provide all required information to streamline the search for your report. How to Get Your Allen County Accident Report Online You may also obtain a copy of your Allen County, Ohio accident reports online via email to the Allen County Sheriff’s Department. Email all requests to firstname.lastname@example.org. Upon receipt of the request, an Allen County records clerk looks up your accident report and emails it back to you at no cost. Request a Copy of Your Accident Report What Information Do I Need to Provide? All requests submitted to the Allen County Sheriff’s Department must provide certain information. Be sure to include the following information in your request: Report number if available, Date of occurrence, Names of those involved, and Location of the accident. Missing information may delay your request. If at all possible, obtain as much information as you can at the scene of your accident, so you can quickly request a copy of your accident report once it’s available. How Do I Find My Allen County Accident Report Number? Don’t worry if you can’t remember or can’t quickly locate the report number for your Allen County accident report. Fortunately, the state of Ohio provides a database record of all crashes for the past five years. Even if you don’t know the exact date of your accident, the database populates a list with a date range. Be sure to identify the Allen County agency as the reporting law enforcement group. Search through the Allen County accident report list, paying attention to the details provided such as: Crash date, Location, Agency, Jurisdiction, and Crash severity. If a report sounds familiar, you may also view the report to determine if it’s yours. Once you find it, you can download a copy directly from the Ohio Crash System. Contact Us Attorneys Aaron Bensinger and Christopher Jackson of Balyeat, Leahy, Daley, Miller & Bensinger, LLC, have focused their practice on personal injury and civil litigation matters to assist clients in their times of need. Our attorneys fully grasp the fear and uncertainty you may be facing in the days, weeks, and months following a car accident. You may wonder how to handle your mounting expenses while focusing on your physical recovery. Talk to our team to find out how we can give you the support you need. Contact our office today for a free case evaluation and let us help you get on the road to recovery!Keep Reading