Wrongful Death

Filing a Wrongful Death Claim in Cleveland

By stream9 | Wrongful Death

The loss of a loved one can create mental, emotional and financial strain for surviving family members. In cases where this loss is associated with the wrongful acts of another individual, a wrongful death claim may be necessary to obtain the compensation to which the survivors are entitled.  The process can be complex and may require presentation of the case to more than one court.  Securing the services of an experienced law firm can ensure the process is completed correctly and timely.

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Average Funeral Cost in Cleveland

By stream9 | Wrongful Death

Losing a loved one can be an extremely traumatizing experience, leaving you with an absence that no one else can fill. Unfortunately, if you plan on holding a funeral to commemorate your loved one, you may face covering the costs of the entire event and all of its specifics. 

According to statistics provided by the National Funeral Directors Association, the median cost of a funeral in 2012 was between $7,045 and $8,343, depending on whether or not a vault was used in the cemetery. Here are some of the expenses that contribute to the average funeral cost.

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Loss of Income in Cleveland Wrongful Death Claim

By stream9 | Wrongful Death

The loss of life of a loved one in an accident can leave a family feeling devastated. And it can truly disrupt a family’s financial stability if the deceased was a major contributor to the family’s finances. Families who lose a loved one due to another party’s negligent or reckless actions may pursue a wrongful death claim against that party. Among the damages they may seek are those for lost wages, which is based on the deceased’s income. Below is an overview of calculating the loss of income in a wrongful death case in Ohio.

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Wrongful Death Claim | Negligence Caused Child Death

By stream9 | Wrongful Death

There’s no way to describe the pain parents feel when a child dies. Learning another party’s negligent actions caused the child’s death can make the situation all the more tragic. Parents who lost a child under these circumstances can file wrongful death negligence claim against the liable party. Below is an overview of wrongful death claims after a child’s death.

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Cap on wrongful death damages?

By stream9 | Wrongful Death

Unlike some states that impose a cap on the amount of noneconomic damages recoverable in a wrongful death action, the state of Ohio does not have a cap on wrongful death damages. This is per Ohio Constitution Article 1, §19a, which specifically states that damages recoverable by civil actions after wrongful death “shall not be limited by law.”  However, the courts must determine a fair amount of compensation based on the beneficiaries’ losses. Various factors will impact the types of damages that are recoverable.  These damages include loss of support from the reasonably expected earning capacity of the decedent, loss of services of the decedent, loss of the society of the decedent, loss of prospective inheritence, and the mental anguish incurred by the surving spouse, children, parents, or next of kin of the decedent. 

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How Wrongful Death Settlement Distributed to Survivors

By stream9 | Wrongful Death

One of the more confusing aspects of a wrongful death and survival case is the distribution of funds for any settlement or judgment that is recovered.  Cases involving wrongful death and survival actions can include complex distributions.  This is because the portion that is recovered as the survival benefit must be distributed according to the decedent’s will, or if there is no will, through the state law on distribution.  The portion of the funds recovered for the wrongful death claim are distributed pursuant to a separate statute under Ohio law, regardless of whether the decedent left a will.

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Elements of a Wrongful Death Claim in Cleveland

By stream9 | 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.

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Updating Documents after the Death of a Loved One

By stream9 | Wrongful Death

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.

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Government Immunity Wrongful Death Claims

By stream9 | Wrongful Death

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. 

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Calculating Damages for Wrongful Death Settlement in Ohio

By stream9 | 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.

 

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