Wrongful DeathWe have successfully represented plaintiffs in civil matters for more than three decades.
A wrongful death claim is a suit that arises from the death of an individual that was caused by the wrongful act, negligence or default of another person.
A wrongful death suit is different from other types of personal injury claims because the actual victim (the “decedent”) is not bringing the suit, but rather, it is the family members of the decedent’s estate. As such, a wrongful death claim is brought to recover damages for the injuries that the surviving family members and/or estate have suffered due to the death of the victim.
The purpose of a wrongful death suit is to provide relief to family members who have been emotionally and financially injured due to the family member’s death.
To file a wrongful death suit in the State of Ohio, you must show that:
- The death of a person was caused by a wrongful act, neglect or default;
- The act, neglect or default would have entitled the injured person to file an action to recover had the death not occurred (O.R.C. Ann. § 2125.02);
- There are surviving beneficiaries, children, or dependents of the victim (O.R.C. Ann. § 2125.02);
- Monetary damages have resulted from the decedent’s death.
Do I have a case?
Ohio Law makes a distinction between persons who can file a wrongful death suit and persons who are beneficiaries. Only certain individuals can file wrongful death claims and those that are allowed to do so sue on behalf of others.
If you have suffered emotional and financial distress due to the wrongful death of a loved one, but are unsure if you have a valid claim our experienced wrongful death attorneys can help determine the merits of your case. Since our initial consultation is free of charge, there is no added burden to you, and you may be entitled to receive compensation for your suffering. If we accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds on your behalf.
What can I do?
In all matters involving wrongful death it is essential that measures be taken to promptly preserve evidence, investigate the accident in question and to file a lawsuit prior to the deadline imposed by the statute of limitations.
Has a loved one has been the victim of wrongful death?
Contact Geiser, Bowman & McLafferty at 614-222-4444 / 877-706-6446. You need a lawyer that has extensive experience with wrongful death.