Wrongful Death Archives - Bensinger Legal Services

What Is the Average Wrongful Death Settlement In Ohio?

Dec 15, 2020 | By Aaron Bensinger | Read Time: 3 minutes

Compared to a typical personal injury case, a wrongful death case can be much more significant. Because of this, the settlement amount for a wrongful death case may also be much more significant. Because settlements are not public, it is impossible to give an average amount of a wrongful death settlement in Ohio. Additionally, there is no ordinary wrongful death. The circumstances of any wrongful death vary quite a bit. Different factors will affect the total amount of any wrongful death settlement. A wrongful death lawyer can help determine which of these factors impacts your case most. Examples Of Determining Factors The following list of factors help determine what a potential wrongful death settlement can be. Age The age of the deceased and their loved ones is one of the main factors considered in a wrongful death settlement. It can have an impact on the settlement in multiple ways. Age of the deceased The age of the deceased party can have a significant impact on the total settlement. If the deceased is older, their loved ones are likely to get less compensation. For example, the financial impact of an 80-year-old retiree’s wrongful death will typically be significantly less than that of a 40-year-old working person. Likewise, the years of love, guidance, and emotional support lost to loved ones will be fewer if the victim is older. The age and existence of dependents If they exist, the age of the decedent’s dependents is another important factor in determining what a good settlement is. If the decedent has young dependent children, the settlement amount increases. If a dependent is older, the settlement will be smaller. However, age is not the only factor with dependents. Some people have disabled adult children that continue to depend on them for financial support well beyond childhood. This will be factored into any settlement value. Earning Potential The deceased’s earning potential is also an important factor in a settlement. Here, the question is, “What would the deceased have earned in the years before their retirement?” The deceased’s earning potential is closely linked with their age. The average income of the deceased is combined with an expected date of retirement to help determine a settlement amount. The deceased’s education and training also factor into the settlement amount. A 30-year-old surgeon will have a much higher future earning potential than a grocery store clerk of the same age. Other Factors There are plenty of other factors that can impact wrongful death settlements in Ohio, including: Whether the death occurred at work with the employer at fault; Whether the deceased is due life insurance, pensions, or retirement benefits; Whether negligence, intent, or recklessness of the at-fault party exists; Whether the at-fault party has insurance covering wrongful death claims; and Whether the deceased’s negligence contributed to the death. Your attorney can help you determine how these factors may be relevant to your wrongful death case. Contact Bensinger Law Today If your loved one suffered a wrongful death due to the fault of someone else, all of these factors must be accounted for. For this, you need an attorney with experience with Ohio wrongful death cases. Bensinger Law, based in Northwest Ohio, has this experience. Bensinger Law is a client-focused law firm serving all of Ohio with digital chat-help available on their website most hours of the day. Contact Bensinger Law today.

Wrongful Death

Can I Sue for Wrongful Death Because of Denied Medical Treatment in Jail?

Dec 11, 2020 | By Aaron Bensinger | Read Time: 3 minutes

Did a loved one die because they were denied medical treatment while in jail or prison? If so, you might have the legal basis for pursuing a wrongful death claim. Incarcerated persons have legal rights which may be violated if they are denied necessary medical care. In Ohio, wrongful death attorney Aaron Bensinger of Bensinger Law puts his extensive knowledge and experience to work for you. When you need an aggressive advocate who will work tirelessly to get justice for you and your family, contact Bensinger Law for a no-cost, no-obligation consultation. What Are Prisoners’ Rights to Medical Treatment in Jail or Prison? In 1976, the Supreme Court of the United States (SCOTUS) held that inmate rights to medical care are established in the Eighth Amendment to the U.S. Constitution. The Eighth Amendment specifically states that with regard to a jailed or incarcerated person, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The SCOTUS ruling held that by displaying deliberate indifference to an inmate’s serious need for medical attention, state prison officials violated the inmate’s Eighth Amendment rights. In a subsequent Federal Court of Appeals case, the court ruled that prisoners have the right to health care, specifically, “services at a level reasonably commensurate with modern medical science and of a quality acceptable within prudent professional standards.” Despite these and other court findings, no singular standard of inmate medical care has been defined or universally adopted in the U.S. As a result, jails and prisons routinely violate the legal rights of individuals in their custody by failing to provide adequate care or denying treatment to inmates. Can an Inmate Be Denied Medical Treatment? Inmates can legally be denied medical treatment for a variety of reasons. However, no jail or prison can legally deny treatment in response to an inmate’s serious medical need. Although the definition of a serious medical need is not clearly established, some situations that might qualify as serious medical needs include: A condition that causes considerable pain; A condition that significantly limits daily activities; A significant injury; A condition that has been diagnosed by a doctor; A condition that a reasonable person would determine requires a doctor’s attention; or A condition that, without treatment, poses the risk of excessive harm. If your loved one died as a result of being denied medical treatment in prison or jail, it’s likely that their condition fell into one or more of the above categories. If so, you might have a valid cause of action for a wrongful death suit. Should I Consider Taking Legal Action? Do I Need an Attorney to Handle My Case? If you believe the victim died because their inmate rights to medical care were denied, consider talking to a wrongful death attorney as soon as possible. An attorney can review the details of the victim’s death to determine whether you have a viable wrongful death claim under Ohio law. If so, your lawyer must build a persuasive case to demonstrate that the at-fault party or parties acted with deliberate indifference to the victim’s serious medical need. Proving your claim will pose a complex legal challenge. Having an experienced wrongful death lawyer on your side can be invaluable. Your attorney may attempt to negotiate a fair financial settlement for your claim, or you may have to file a civil lawsuit and take your case to court. Either way, you could be entitled to recover compensation for: The victim’s funeral and burial expenses; Loss of the victim’s future income; Loss of potential inheritance; Loss of love and companionship; and Emotional and mental anguish. You must be legally eligible to benefit from a wrongful death claim in Ohio based on your relationship to the victim. Typically, this includes the victim’s spouse, children, and parents. Under Ohio law, a designed personal representative of the victim must bring the legal action on the eligible survivors’ behalf. A wrongful death attorney can help you determine if you meet the eligibility criteria and explain the process for taking legal action. Talk to an Ohio Wrongful Death Lawyer Today In northwest Ohio, Aaron Bensinger of Bensinger Law can help you pursue justice and fair financial compensation for the loss of your loved one. No settlement will undo the tragedy that occurred. However, holding the at-fault party responsible will send a powerful message and help provide security and peace of mind for your family. With an experienced Ohio wrongful death lawyer like Aaron Bensinger on your side, you will have a compassionate advocate fighting to protect your rights and get you the compensation you deserve. Contact us now to learn more about how we can help if your loved one died because they were denied medical treatment in jail in Ohio.

Wrongful Death

How Do You Prove Fault in an Ohio Wrongful Death Case?

Jul 22, 2020 | By Aaron Bensinger | Read Time: 3 minutes

If you lost a loved one due to injuries they suffered in an accident, you and your family deserve justice. Bringing a wrongful death case can hold the at-fault party accountable for their negligent or wrongful actions and help you recover compensation for your losses. The question is, how do you prove a wrongful death case? In Northwest Ohio, Aaron L. Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC helps families get the justice they deserve. Having an experienced Ohio wrongful death lawyer on your side helps protect your legal rights and increases your chances of a successful outcome. How Do You Prove Wrongful Death in Ohio? Wrongful death occurs when someone’s wrongful or negligent actions leads to the death of another person. Proving fault and establishing liability requires demonstrating these elements. Duty of Care The at-fault party had a legal obligation to act in a way that would not cause harm to the victim. For example, all motorists owe a duty of care to others on the roadway. Breach of Duty The at-fault party failed to uphold their duty and acted in a way that put the victim at risk of harm. If a driver was looking down at their phone and didn’t notice a stop sign, that driver has breached their duty of care. Causation In breaching their duty, the at-fault party caused the victim’s fatal injuries. So if, in running the stop sign, the driver strikes and kills another motorist, a pedestrian, a bicyclist, etc., the driver’s breach of duty caused the victim’s death. To build the most persuasive case possible, your attorney will investigate the circumstances of the accident and gather relevant evidence. Your lawyer may call on subject matter experts such as accident reconstruction specialists to provide opinions or testimony to substantiate your claim. Who Can Sue for Wrongful Death? Under Ohio law, only a personal representative of the victim can sue for wrongful death. The personal representative brings legal action on behalf of the victim’s spouse, children, parents, or anyone else who might have a valid claim. The Ohio wrongful death laws are complex and provide only two years from the victim’s death to take legal action. Talking to an experienced attorney can help you determine whether you have a valid claim and, if so, what the potential value of the claim might be. You could be entitled to compensation for the victim’s funeral costs, burial expenses, future lost earnings, lost household assistance, and non-economic damages such as loss of companionship and guidance. Call an Ohio Wrongful Death Attorney Today for Help Although getting a settlement for your loved one’s death can’t undo the damage that was done, it will send a powerful message to the at-fault party and provide a sense of closure for you and your family. Aaron L. Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC strives to provide an unmatched level of compassionate service to our clients. We will work tirelessly to get you and your family the justice you deserve. Contact Aaron L. Bensinger of Balyeat, Leahy, Daley, Miller & Bensinger, LLC today to discuss your options for filing an Ohio wrongful death claim. Call or contact us now to learn more or to schedule a free consultation.

Wrongful Death

Who Can File a Wrongful Death Lawsuit in Ohio?

Apr 13, 2020 | By Aaron Bensinger | Read Time: 2 minutes

There is nothing more devastating than losing a loved one, especially when their death could have been prevented. If a close family member was killed as the result of someone else’s negligence or wrongful act, you may be wondering how to get justice for your loved one. If the person was the primary breadwinner for your family, you may also be worried about how you are going to support yourself or your children. You have remedies if your loved one suffered a wrongful death in Ohio. An Ohio wrongful death attorney can help you understand your options. What Is Wrongful Death? Wrongful death can arise in a number of circumstances. Common causes of wrongful death in Ohio include things like: Automobile accidents, Industrial accidents, Slip and fall accidents, Medical malpractice, Product defects, and Criminal conduct. If your loved one died as a result of any of these circumstances, or other circumstances caused by the wrongful conduct of another, you may have the right to seek compensation. Who Can File a Wrongful Death Lawsuit? In Ohio, only the personal representative of the deceased person’s estate may bring a wrongful death suit. The personal representative brings the action for the benefit of the person’s spouse, children, and parents. The law presumes that these individuals have suffered damages as a result of the wrongful death. In some circumstances, other family members may be included in the suit. However, family members other than a spouse, child, or parent must prove that they personally suffered damages as a result of the death. An attorney can advise you as to whether you may be eligible to be included in an Ohio wrongful death suit. What Compensation Can I Recover for Wrongful Death? In Ohio, damages for wrongful death are calculated based on the losses suffered by the deceased person’s family members. Courts may consider the following losses in an Ohio wrongful death claim: A loss of society, including things like companionship, consortium, protection, and guidance; Loss of financial support; Loss of prospective inheritance; The loss of services, such as household contributions; and Mental anguish. The estate may also recover the cost of funeral and burial expenses for the deceased person. What Is the Statute of Limitations for Wrongful Death in Ohio? In Ohio, the statute of limitations for wrongful death is two years. This means that if you don’t file your wrongful death lawsuit within two years after the death, you will likely lose your opportunity to seek compensation. Additional limitations may apply if the death was the result of a product defect. Your attorney can help you understand how the statute of limitations applies to your case and help ensure that you comply with the necessary deadlines. How Can an Ohio Wrongful Death Attorney Help Me? If you recently lost a loved one because of another’s actions, feel free to contact our office. Attorney Aaron Besinger has extensive experience fighting for injury victims and their families. He will handle every aspect of your case, including research, negotiation, and arguing in court, if necessary. For a free consultation, call or contact Besinger Legal Services online today. Although nothing can bring your loved one back, Bensinger Legal Services can help you seek justice and fight for the compensation you need to support yourself and your family.