A wrongful death is one caused by someone’s negligence. The negligence could take many forms, such as:
- Drinking and driving
- Failing to diagnose cancer early enough
- Manufacturing a defective product
- Failing to maintain the safety of an apartment building and its grounds
Wrongful death is a legal concept, and in Ohio is governed by Ohio’s wrongful death statute. This statute defines the required elements of a wrongful death case, who may file this type of lawsuit, what compensation they may be entitled to, and much more, making it a relatively clear road for a family to follow when they have lost a loved one because of another person’s carelessness.
At Robert W. Kerpsack & Co. we have excellent experience to offer you if you have lost a family member in a wrongful death. The person who would initiate a wrongful death claim would be the executor of the deceased’s estate – either named in the will or appointed by a court. That person would file on behalf of all the estate’s beneficiaries.
Ohio puts no cap on the award amount that could be given, and there is a wide variety of recoverable damages, including:
- Funeral and Burial Expenses
- Mental Anguish
- Loss of Companionship
- Loss of Income
- Loss of Support
- Loss of Consortium
- Past Medical Expenses
- Loss of Benefits (pension, medical coverage, etc.)
- Loss of Care
- General Damages
- Punitive or Exemplary Damages
Any wrongful death claim filed with a court must demonstrate that the death was indeed caused by another’s negligence. This can require time-consuming study of the medical records by an expert witness, or several of them. It is best to begin working with your wrongful death attorney early rather than late, to allow time for information gathering before the claim is filed.
If you would like to have a free case evaluation and possibly file a wrongful death claim, please call or email our office today, and we will be glad to help you in this painful time.