Losing a loved one is devastating under any circumstances.
When a loss results from someone else’s carelessness or negligence, your family can become even more emotionally devastated.
If you counted on the victim for the support of your family, you can also face financial difficulties.
Nothing can bring your lost loved one back. However, an Ohio wrongful death attorney can fight to get justice and fair compensation for you.
Contact Bensinger Legal Services today for help. Send us an online message or call (419) 455-1410 for a free consultation.
Attorney Aaron Bensinger will stand by your side, taking on the at-fault party and working to hold them accountable for their actions.
You don’t have to face this dark time alone.
What Is Wrongful Death?
A wrongful death occurs when someone dies due to the negligence or wrongful act of another party. This type of claim is a civil action that aims to recover financial compensation for the losses the deceased’s loved ones suffered. Because proving liability can be complex, working with an experienced Ohio wrongful death attorney to file your claim is essential to secure the compensation your family deserves.
Who Can Sue for Wrongful Death in Ohio?
According to the Ohio Revised Code, a personal representative of the victim can bring a wrongful death action on behalf of the victim’s surviving spouse, parents, and children.
If you lost a loved one, contact an attorney to determine whether you can file a wrongful death suit. Your attorney can review the facts of your case and help you determine the best course of action for you.
What Compensation Is Available for an Ohio Wrongful Death Claim?
Ohio law provides a solid framework within which you can pursue compensation for the loss of a loved one.
Compensation for wrongful death claims may include:
- Loss of companionship and guidance—the emotional and psychological impact of losing a spouse, parent, or child;
- Loss of inheritance—compensation for the inheritance that the family could have expected to receive had the decedent lived a full natural lifespan;
- Pain and suffering—the emotional pain and mental anguish of losing a loved one;
- Loss of financial support—the loss of income the deceased used to provide; and
Loss of household contributions—the loss of household services, such as childcare and home maintenance.
A jury or court has the authority to include compensation for reasonable funeral and burial expenses. A seasoned Ohio wrongful death attorney can help you determine the full extent of the damages you may be entitled to and fight for you and your family to receive the compensation you deserve.
How Long Do I Have to Bring a Wrongful Death Claim in Ohio?
The statute of limitations for filing a wrongful death claim is two years from the date of the victim’s death. If you do not file legal action before time runs out, you could lose your legal right to recover compensation.
Taking legal action early also helps preserve important evidence and witness memory, both of which can fade or become unavailable over time.
Getting legal guidance early allows your attorney to investigate the case, gather key evidence, and prepare a strong claim before time runs out. Contact an experienced wrongful death attorney in Ohio to help you take timely action and protect your family’s right to pursue justice.
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Common Types of Ohio Wrongful Death Cases
In Ohio, wrongful death from a car accident is arguably the most common cause of action.
However, other common causes of wrongful death include:
- Medical malpractice,
- Commercial trucking accidents,
- Motorcycle accidents,
- Pedestrian accidents,
- Defective products,
- Dog bites,
- Slip and fall/premises liability, and
- Workplace-related accidents.
The best way to identify the potential value of your case is to speak with our Ohio wrongful death attorneys today.
Why Should You Hire an Ohio Wrongful Death Lawyer?
Navigating a wrongful death claim on your own can be overwhelming, especially while dealing with grief. Hiring an experienced Ohio wrongful death lawyer offers several crucial benefits.
Handling Insurance Companies and Legal Complexities
Dealing with insurance companies after the death of a loved one can be one of the most frustrating and emotionally draining aspects of the process. Insurers often prioritize their bottom line over providing fair compensation, using tactics to minimize payouts or shift blame.
An experienced lawyer for wrongful death will handle negotiations and push for the maximum compensation possible, seeking to protect you from:
- Lowball settlement offers. Insurance companies often present initial settlement offers that are far lower than what a case is truly worth.
- Delays and stalling tactics. Insurance adjusters may delay responses or drag out the process, hoping you will become desperate and accept a lower offer.
- Blame-shifting and liability disputes. In some cases, insurers may try to argue that the deceased was partially or fully responsible for the accident to reduce their payout.
By having a wrongful death lawyer in Ohio on your side, you won’t have to handle these stressful negotiations alone. Your attorney will advocate for your best interests and work tirelessly to achieve the maximum compensation possible.
Building a Strong Case with Evidence
Your lawyer will investigate your case and gather evidence to support your claim.
They can:
- Gather accident reports, medical records, and witness statements;
- Consult with experts, such as accident reconstructionists or medical professionals; and
- Review financial records to calculate the full extent of your losses.
This level of detailed preparation can strengthen your case, whether you’re pursuing a settlement or taking the case to trial.
Wrongful death claims involve complex legal procedures and specific requirements under Ohio wrongful death law. From determining eligibility to file a claim to proving liability, an experienced Ohio wrongful death attorney will guide you through every step.
Your lawyer will work to ensure that your case meets all legal standards, including:
- Establishing that the at-fault party’s negligence directly caused your loved one’s death,
- Proving the financial and emotional impact of the loss on surviving family members, and
- Handling all required legal filings and court procedures on your behalf.
Having a knowledgeable wrongful death attorney in Ohio on your side helps ensure that your case is handled correctly, giving you peace of mind while you focus on your family.
Giving You Time to Grieve
Having a lawyer on your side can minimize the stress and confusion that accompanies a significant legal battle. You deserve to take the time to grieve and be with your loved ones during these tragic circumstances. Your attorney will handle every aspect of your case, allowing you the space and time you need.
What’s the Difference Between a Wrongful Death Claim and a Survival Action?
When someone dies because of another party’s negligence or misconduct, Ohio law allows for two distinct types of civil claims: a wrongful death claim and a survival action. Although they often arise from the same incident, these claims serve different legal purposes and cover different kinds of damages.
Wrongful Death Claim
A wrongful death claim focuses on the harm suffered by the surviving family members. It is brought by the personal representative of the decedent’s estate on behalf of eligible relatives, typically the spouse, children, or parents.
Wrongful death claims are meant to recognize the personal and emotional losses experienced by those left behind, helping families find some measure of financial stability and closure after a tragic loss.
Survival Action
A survival action seeks compensation for the injuries, expenses, and suffering the decedent experienced before they passed away. This claim is essentially the legal claim the deceased could have brought if they had survived.
Damages in a survival action may include:
- Medical bills related to the fatal injury,
- Lost income between the time of injury and death, and
- Conscious pain and suffering endured by the decedent.
These damages reflect the harm your loved one personally endured and ensure their suffering is acknowledged and accounted for through the legal process.
Get Support from an Ohio Wrongful Death Law Firm
If you lost a loved one in Ohio due to the actions of another party, call Bensinger Legal Services today.
Attorney Aaron Bensinger, based in Lima, assists clients throughout Ohio. He offers a free consultation and case review to answer your questions and help get your case moving in the right direction. Mr. Bensinger never collects any legal fees until he recovers compensation in your case.
Before you talk to the insurance company or agree to a settlement, contact our Ohio wrongful death law firm today for a free consultation.
Fill out our short form or call (419) 455-1410 to get started.