Ryan LLP Injury Blog

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.

According to the Ohio Department of Public Safety, Cleveland had 3,652 injury crashes in 2012. In crashes like these, drivers need to protect themselves in case there is legal trouble from insurance companies or the other drivers in the future. The list of evidence that drivers can gather after an accident is fairly long, but an injured driver may use that evidence in an insurance and/or legal proceeding down the road.

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. 

The Ohio Committee for Severe Weather Awareness (OCSWA) reminds drivers, “Ice and Snow…Take it Slow!” with good reason. A report from the Ohio Department of Transportation shows that some drivers follow too closely and drive too fast in hazardous snow conditions. Their recklessness and over-confidence causes harm to others as well as themselves.  In addition, with improved snow driving technologies on current vehicles, drivers get a false sense of safety and drive too fast for the conditions.  They realize the hard way that 4-wheel drive or all-wheel drive does not also mean all-wheel stop.

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 medical malpractice claim in Cleveland must include a certificate of merit – otherwise known as an affidavit of merit – as presented by the plaintiff or plaintiff’s attorney. This document includes important details about the facts of the case and supports the assertion of negligence and damages.  The document is intended to reduce the number of frivolous lawsuits by establishing a standard for proceeding with legal action. A case filed without a certificate of merit may be dismissed.