Wrongful Death

Dayton Wrongful Death Lawyers

Getting Justice in Honor of Your Loved One

Losing loved ones is never easy but losing a loved one to wrongful death can be especially excruciating. If you’ve lost someone you love due to recklessness and negligence of another person or entity, you may have an especially difficult time dealing with their untimely departure. But grief is likely not the only emotion you’re experiencing. You may also be riddled with fears about your financial wellbeing, especially if the decedent played a significant role in providing for your family’s financial security.

Your grief may be coupled with anxiety related to managing the mounting expenses, medical bills and funeral costs that may have arisen from the event.

During these trying times, know you’re not alone or out of options. Seeking legal guidance from an experienced wrongful death attorney can provide a much-needed sense of justice for you and your surviving loved ones.

At the Buckeye Law Group, we can help you navigate the complexities of the wrongful death legal process, enabling you to hold those responsible accountable for their actions and potentially secure the compensation needed to alleviate the financial strain.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit that can be filed when someone loses their life because of the negligence, recklessness or purposeful deeds of another. Wrongful death lawsuits are typically initiated by surviving family members or the estate of the deceased, as a way to seek restitution for the economical and emotional losses surviving members have endured in the aftermath of a family member’s death.

These losses encompass medical expenses, funeral disbursements, loss of future income and the loss of companionship or consortium.

Examples of Wrongful Death Scenarios

• Auto accidents caused by negligent drivers
• Surgical malpractice resulting in the patient’s death
• Defective products inflicting fatal wounds
• Fatal workplace accidents caused by hazardous conditions

Is Wrongful Death Considered a Crime in Ohio?

Though wrongful death per se is not branded as a crime, the actions or negligence underpinning the event might be also criminal in nature depending on the circumstances.

For example, if wrongful death is due to a drunk driver’s negligence, the driver might potentially face both a civil claim and criminal charges. These charges could encompass manslaughter alongside a wrongful death lawsuit in civil court.

On the other hand, if someone is injured at work because of malfunctioning machinery or unsafe conditions, the employer is likely subject exclusively to civil charges, hinging on the grieving family’s choice to pursue a wrongful death lawsuit. An unsafe workplace environment in itself does not necessarily correlate to a criminal infraction.

Filing a Wrongful Death Claim in Ohio

Typically surviving spouses, children and parents initiate a wrongful death claim on behalf of their deceased loved one. In Ohio, however, the laws pertaining to wrongful death are slightly more nuanced than in most other states. Although family members are entitled to financial compensation, only the personal representative of the decedent’s estate has the right to file a wrongful death claim, in accordance with the state’s legislation.

This representative is typically designated within the deceased victim’s final testament. In instances where no will is existed at the time of death, the probate court designates the personal representative.

Who Is Entitled to Wrongful Death Damages in Ohio?

According to Ohio wrongful death laws, surviving spouses, children and parents of the deceased are entitled to damages in a wrongful death lawsuit. As the decedent’s closest family, these individuals likely depended on them financially and shared an emotional attachment, thus have the right to be awarded damages for loss of companionship and mental anguish, as well as the financial support they would have received from the deceased person.

Extended familial ties, including siblings, grandparents, cousins and other relations, typically aren’t able to pursue damages within a wrongful death lawsuit.