Wrongful Death Archives - Bensinger Legal Services

Filing a Wrongful Death Lawsuit in Ohio

Oct 18, 2021 | By Aaron Bensinger | Read Time: 3 minutes

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.

Wrongful Death

Ohio Wrongful Death Statute Overview

Mar 29, 2021 | By Aaron Bensinger | Read Time: 3 minutes

There is nothing easy about coping with the death of a loved one, regardless of the circumstances. If you believe your loved one’s death was caused by the negligence of another person or company, you may want to learn more about the Ohio wrongful death statute to understand your options for recovery. Though no amount of compensation can alleviate your grief, it can help reduce the financial and emotional hardship of your loss. Ohio Wrongful Death Statute The Ohio wrongful death statute is found under Ohio Revised Statute Section 2125. These claims are brought in civil court. To have a valid claim under the Ohio wrongful death statute, the death must have been caused by the wrongful act, neglect, or default of another person or party. Wrongful act: Often considered an intentional act of violence such as assault. Negligence: A duty of care was owed. Breach of that duty caused the action that resulted in death. Default: Someone failed to do something they were required to do. Their failure resulted in the death. Wrongful death claims are very similar to personal injury claims and contain many of the same elements when it comes to the burden of proof and available remedies. Who Can Bring an Ohio Wrongful Death Claim? Under the Ohio Wrongful Death Statute, the personal representative of the estate can file a lawsuit. The probate court will appoint a representative if one does not exist. This representative has to be an actual person and cannot be an entity such as a corporation. The representative can bring a claim for both the estate and the family members of the deceased. Who Can Receive Compensation? The Ohio wrongful death statute presumes that certain family members will have suffered losses in relation to the deceased. These family members include: The surviving spouse, The surviving parents, and The surviving children, including biological and adopted children. Several other states allow siblings and other next of kin to be automatically eligible for compensation. Next of kin in Ohio must prove to the court that they are entitled to relief. What Type of Compensation Is Available? Under the Ohio Wrongful Death Statute, beneficiaries may be entitled to compensation for financial loss and pain and suffering. These damages may include: Loss of future earnings from the decedent; Funeral and burial costs; Medical expenses incurred prior to death and related to the cause of death; Loss of services such as help with raising children, chores, and other tasks; Loss of companionship and all other relational aspects of having the decedent around to share life; Loss of prospective inheritance; and Mental anguish and stress incurred by surviving family members. If all surviving family members are related by the same degree, the compensation will be split evenly. Otherwise, the court will make a decision on how funds are divided. Ohio Wrongful Death Statute of Limitations In Ohio, the representative of the deceased has up to two years from the time of death to file a wrongful death claim. If it was unknown that the death was caused by a wrongful act, the representative has two years from the time the wrongful or negligent act became known. Though two years may seem like an adequate amount of time, it is important to file a claim as soon as you are comfortable. This will make it easier to obtain the necessary evidence to benefit your case. How Can a Wrongful Death Attorney Help? Trying to cope with the loss of a loved one while simultaneously navigating the court system is sure to be stressful and overwhelming. An experienced Ohio wrongful death attorney will be able to guide you through the process from start to finish. Here are some of the ways an attorney can be beneficial: Evaluate the merits of your case so you can be assured that you are doing the right thing by filing a claim; File the proper paperwork, and follow all necessary and timely legal procedures so you don’t have to worry about them; Conduct a full and thorough investigation into the wrongful death claim to gather evidence for your case; Negotiate with insurance companies for appropriate compensation; Determine how much compensation beneficiaries should receive for the death of their loved one; and Prepare and conduct trial proceedings should the need arise. You don’t have to do this alone. Choose experienced and compassionate guidance to help you receive the compensation you deserve. Contact Aaron Bensinger for a free consultation.

Wrongful Death

Loss of Consortium in Ohio Quick Facts

Mar 10, 2021 | By Aaron Bensinger | Read Time: 3 minutes

When an individual sustains serious or fatal injuries in an accident caused by someone else, their loved ones also suffer in a variety of tangible ways. In Ohio, loss of consortium claims can provide an effective way to recover compensation for those damages. Whether you have suffered financial, physical, or emotional losses—or a combination of these—you may be entitled to recover compensation for your economic and non-economic damages. Talking to an Ohio personal injury attorney from Bensinger Law can help you get the information and guidance you need to get started with the legal process. What Is Loss of Consortium? Loss of consortium is the legal term used to describe the relationship loss that you experience when a loved one is injured or killed. For example, if your spouse becomes paralyzed following an accident, you may not be able to enjoy the same physical relationship you had before. You may be left with the burden of managing the household on your own, and their accident may also leave them with emotional scars that affect your relationship. Losing a parent can leave a child without guidance, companionship, or affection. When another party’s actions are responsible for your loss, filing a loss of consortium claim can help you hold the at-fault party accountable for their wrongful or negligent actions. Recovering damages can help you get the financial stability you need for your future. Who Can Sue for Loss of Consortium in Ohio? In Ohio, an accident victim’s spouse and children can pursue a loss of consortium claim in most cases. In some cases, parents may be entitled to pursue a claim for the loss of a child. Other family members may have a valid legal basis for pursuing a loss of consortium claim, depending on the extent to which they were dependent upon the victim. In the case of wrongful death, Ohio law requires the appointment of a personal representative of the victim. The personal representative must bring any legal action for the benefit of the surviving spouse, children, or other eligible beneficiaries. What Is the Value of Your Loss of Consortium Claim? The Ohio loss of consortium laws allow victims to pursue legal action to recover compensation for the loss of their loved one’s “loss of society.” This may include some or all of the following elements. Companionship, Care, Assistance, Attention, Protection, Advice, Guidance, Counsel, Instruction, Training, and Education. In the case of a lost or severely injured spouse, you may also be entitled to pursue compensation for the loss of physical and emotional intimacy. Talking to an experienced attorney is the best way to determine which damages you may be eligible to pursue and what the value of your claim might be. How Can an Ohio Personal Injury Lawyer Assist You? Although you do not legally need an attorney to pursue compensation for loss of consortium in Ohio, having an experienced attorney to assist you can be invaluable. Your attorney will handle everything on your behalf, from investigating and documenting your claim to calculating your claim’s value and negotiating with the insurance company. Although most claims can be settled without having to go to court, it’s important to choose an attorney who is ready, willing, and able to file a civil lawsuit if the insurance company will not make a reasonable settlement offer. When you choose Bensinger Law to assist you, we will be there for you throughout the legal process. We handle every aspect of your claim so you can focus on your family and yourself during this challenging time. Contact an Ohio Loss of Consortium Attorney Now No settlement or jury award can undo the damage that’s been done. However, pursuing a legal claim can help you hold the at-fault party accountable and help you get the justice you deserve for your losses. Bensinger Law serves clients with compassion and determination, putting our extensive experience to work for you. In Van Worth, Kenton, Shawnee, Elida, and throughout northwest Ohio, call on us today for a free consultation, or contact us online now to discuss your Ohio loss of consortium claim.

Wrongful Death

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.