Wrongful Death

In Ohio, there are two types of wrongful death damages awarded: economic and non-economic. While most personal injury cases have a limit on the amount of non-economic damages available, there is no limit on the amount of non-economic damages that claimants can recover in wrongful death cases.  Wrongful death damages are specifically protected under the Ohio Constitution and the types of compensation available are itemized within the Ohio Revised Code.  Navigating the complexities of these cases requires a law firm with experience handling wrongful death cases.  

The statute of limitations establishes a specific timeframe in which plaintiffs may bring a legal action. They vary depending on the state and the type of case. The wrongful death statute of limitations in Ohio is two years from the date of the death.  However, due to the complexity of these types of cases, there may be limitations on the recovery date which limit the filing of some claims to one year.  And how do you recover for the period between the initial act and your loved one’s death?  Who should pay for the medical costs incurred for treatment of your loved one?  

When you seek medical care and advice from a doctor or hospital, you expect your symptoms to be addressed and for basic medical services to be provided. But what happens if mistakes are made? In the State of Ohio, when the medical care falls below the minimum standard of care, and the failure(s) leads to an injury or death, you or your loved one can seek compensation for the loss caused by the negligent actions of the doctor or hospital. How common are medical mistakes? Are you the only one that is a victim of medical negligence? Was I the victim of malpractice? These are all legitimate questions that deserve truthful answers.

The death of a loved one is a traumatic experience–one that you will not soon forget, if ever.  These experiences are complicated when the death was avoidable, or even caused by the actions of another.  In the legal world, these types of cases are known as wrongful death cases, or wrongful death and survival claims.
If you believe your loved one’s death was avoidable, speak to an attorney as soon as possible to determine th merits of the case.  Evidence needs to be gathered an analyzed as soon as possible, so it is important you do not delay.  In Ohio, there are two general areas that can be pursued on behalf of the estate and the decedent’s heirs.  These claims are wrongful death and survival claims, and are explained in greater depth at that link.

May 11, 2012 – Grafton, Ohio – A 53-year old killed in a second wrong-way car accident on I-75 within a two week period.  The accident occurred in Northwest Ohio near Toledo.  The two Michigan residents were in a car travelling the wrong direction when their vehicle hit a truck at approximately 3 am.  The driver of the truck suffered minor injuries that did not appear to be life threatening.  The accident was reported on Cleveland’s Channel 5 News.

March 12, 2012 – Toldeo, Ohio – Two Michigan residents were killed in a second wrong-way car accident on I-75 within a two week period.  The accident occurred in Northwest Ohio near Toledo.  The two Michigan residents were in a car travelling the wrong direction when their vehicle hit a truck at approximately 3 am.  The driver of the truck suffered minor injuries that did not appear to be life threatening.  The accident was reported on Cleveland’s Channel 5 News.

March 2, 2012 – Bowling Green, Ohio – Three college students from Bowling Green State University were killed in a car accident on I-75 in Northwest, Ohio.  The car accident occurred just south of Middleton Pike, south of Toldeo, Ohio.   The students were travelling to Detroit airport to catch a plane for their Spring Break vacation.   They were travelling on I-75 North when a 69-year old woman from Perrysburg, Ohio struck their car, head-on.  Police have reported the 69-year old was travelling southbound in the northbound lanes.  The 69-year old was also killed in the two-car vehicle accident.  In total, this accident caused the tragic death of three students and critically injured two others.  The accident was widely reported on Cleveland’s Channel 5 News, WKYC, and cleveland.com.

January 24, 2012 – Cleveland, Ohio – Two men died after a building they were working in collapsed on them.  NewsChannel 5 reports that the building was under renovation.  The workers were cutting down beams on the second floor when the beams fell in an unexpected direction, causing the injuries.  The Plain Dealer reports the workers were on their first day of the job.  The building was previously used to mix brick and mortar.