Wrongful Death

Losing a loved one is no doubt traumatic; add to it the anger that comes with knowing the death is related to negligence, and it becomes even more difficult. Surviving family members in Cleveland, Ohio can bring a claim for the losses they suffer after a loved one’s death.  Additionally, Ryan, LLP has assisted families from out of state to investigate the death of their loved one and to coordinate the necessary procedures to file and litigate a claim when the deceased resided in a location other than Ohio.  In order to win these claims, however, plaintiffs must prove a certain number of elements to successfully resolve the wrongful death claim.

When a loved one dies, your first few days will be consumed with notifying friends and family members, making funeral arrangements, and simply trying to make it through the emotional turmoil. Next you’ll have to contend with a considerable amount of legal and financial responsibilities, which may include opening an estate to handle all of your loved one’s oustanding financial affairs.  If another party is liable for your loved one’s death, consult a wrongful death attorney to make sure you’ve correctly filed any claims and fully understand all your legal options and responsibilities.

If another party is at fault for your loved one’s death, you can pursue legal action against that party via a wrongful death claim. However, if a public entity or employee is to blame, legal options may be more complex. Governments are often immune from civil wrongful death lawsuits. But that’s not always the case depending on the agency involved and circumstances of the wrongful death. 

Dealing with the loss of a loved one is never easy. When that loss is caused by the negligence of another party, it’s often even harder. No one wants to think about filing lawsuits or money when coping with the death of a loved one, but eventually it’s something that families will have to face if another party is at fault and the family is suffering both emotionally and financially.  The damages collectible in these cases can vary widely. Families can contact an attorney for help evaluating the various damages for which the negligent party might be liable. Below is a brief outline of the damages commonly collectible in wrongful death cases.

When a child loses a parent suddenly – such as in a wrongful death – it can cause more than just grief. It may lead to behavioral issues, some that require professional help.  Recognizing normal signs of mourning and those that indicate a bigger problem are important so that treatment can be sought immediately. Fortunately, costs of treatment may be recoverable if you’re filing a wrongful death claim in Cleveland against the party responsible for the parent’s death.

A wrongful death accident can be especially challenging when children are involved. A child may not yet have the coping mechanisms in place to confront the death of a family member or friend.  Their parent or sibling may have passed away.  These are very difficult situations for any individual, and even stressing upon a child.  This article is a basic guide for helping a child cope with an unexpected death in the family.

Accidents happen every day – from car wrecks on I-90 in Cleveland to the slip of a scalpel on the operating table. In cases of a wrongful death, no one intends to cause the death of another, but the reality is that without an act of negligence, your loved one might not have suffered a fatal injury.
Emotions run high after the unexpected loss of a loved one, especially if his or her death was the result of an injury due to another’s negligence. You may feel angry about your loss and that’s OK, but before you start pointing fingers and mentioning lawsuits, take a moment to consider what you must prove in order to have a case for a wrongful death lawsuit.

If your loved one’s death was caused by the actions or negligence of another, you may have a claim against the individual or corporation that caused the death.  Section 2125.02 of the Ohio Revised Code stipulates that wrongful death cases have to be brought about by a personal representative of the decedent. When the case settles, the settlement will be distributed to the surviving family members according to the will or to Ohio law’s specifications.  These actions must be brought within two years from the date of the death.  But related causes of action, such as a claim for medical malpractice, must be brought within the statute of limitations for that claim.

When you’ve lost a loved one because of someone else’s negligence, Ohio law provides an avenue of legal action you can take to collect restitution for your losses. If you’ve recently lost your spouse, child, or (in some instances) a parent, you may be eligible to file a wrongful death lawsuit and collect damages.
Below are some basic directives to get the process started. For more specific advice related to your case in Cleveland, consult an attorney in the area.

When you lose a loved one due to another party’s negligence or misconduct, the state of Ohio provides a legal avenue for you to pursue compensation for your losses. It goes without saying that no amount of money will ever make up for the loss of your loved one. However, obtaining a financial settlement can prevent financial devastation while you’re grieving and well into the future.