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Receive Justice For The Untimely Loss Of Your Loved One In Ohio

Loved ones are bound to feel sadness, grief, and remorse whenever a death occurs. When death is wrongful, however, people often experience different emotions, such as anger and confusion.

Close family members who suffer a tragic loss should discuss their legal options with an Ohio wrongful death law firm. Karp Steiger, handles wrongful death claims with confidence.

Why Do I Need A Wrongful Death Attorney In Ohio?

Our main objective at Karp Steiger, is to seek answers regarding the circumstances of the death, find a sense of closure, and secure the financial resources necessary for the deceased person’s next of kin to move forward. To achieve this, our knowledgeable wrongful death attorney can assist you by:

Thorough Investigation: We conduct comprehensive investigations, which involve gathering and examining evidence to determine if someone should be held legally responsible for the incident or situation. This process includes carefully compiling and reviewing relevant information regarding the cause or circumstances.

Insurance Evaluation: The compensation you can receive in a claim relies on the extent of insurance coverage available. We can assess various insurance policies related to the case, such as professional malpractice, homeowner’s insurance, driver liability coverage, and uninsured or underinsured motorist (UM or UIM) coverage.

By thoroughly reviewing these policies, we can determine the potential sources of compensation for your case.

Insurance Negotiation: Our Ohio wrongful death attorney can negotiate directly with the insurance adjuster or defense counsel to settle your claim without going to trial. We aim to resolve your claim efficiently and avoid needing a court trial.

Case Litigation: Our legal team is prepared to take your case to court and present your story before a jury if necessary. We are ready to engage in litigation and advocate to ensure that your side of the story is effectively communicated to the jury.

Resolution: After obtaining a settlement or award, the approval of the Probate Court is required for the recovery. We can assist in streamlining the process of distributing the compensation to the appropriate parties and ensure that all legal obligations, such as outstanding liens, are satisfied promptly and accurately.

Our wrongful death attorney recognizes a family’s challenges when a loved one unexpectedly passes away and is committed to pursuing just compensation for these individuals.

We understand the difficulties you are going through and are dedicated to helping you receive a fair resolution that addresses the financial and emotional impact caused by the loss of your loved one.

What Is Wrongful Death?

Wrongful death refers to the unfortunate loss of a person’s life caused by the actions of another individual, either intentionally or as a result of negligence. Each state has its own set of laws governing wrongful death lawsuits. These laws outline who is eligible to bring a wrongful death claim, the types of damages that can be sought for compensation, the time limit for filing a case in civil court (referred to as the statute of limitations), and other procedural aspects that must be followed.

What Are The Most Common Causes Of Wrongful Death?

Wrongful death cases can arise in different ways. Still, they all involve the unfortunate loss of a person’s life due to the negligence of another individual, company, or organization. These cases are typically initiated by the surviving family members or the deceased’s estate.

Here are some typical causes that often lead to wrongful death cases:

  • Vehicle Collisions: There are numerous ways in which a driver’s negligent behavior can result in fatal accidents. Particularly hazardous situations involve impaired drivers, individuals driving while distracted, and those disregarding speed limits.
  • Defective Products: If you visit the government recall website, you will find numerous instances of defective products sold in the market. These products can pose dangers and are characterized by flawed design, manufacturing errors, or incorrect labeling.
  • Occupational Accidents: Employers are responsible for ensuring that their employees receive adequate training and have the necessary equipment to perform their tasks safely. They have to create a work environment that prioritizes safety for everyone involved.
  • Medical Errors: Medical errors are the third leading cause of death in the United States. They occur in various forms when healthcare providers exhibit negligence. These errors have significant consequences and contribute to the loss of lives.
  • Law Enforcement: In certain situations, law enforcement and corrections personnel may employ excessive force, resulting in fatalities. It is crucial to hold these individuals accountable for their actions. When the use of force goes beyond what is necessary, it is critical to address and address any resulting harm or loss of life.
  • Nursing Home Abuse: Elder abuse is a significantly underreported issue in the United States and is prevalent in many nursing homes. Given the vulnerability of older people, it is crucial to prioritize their protection and take measures to prevent and address any mistreatment they may face.

If a grieving family finds themselves in these situations, they may have a valid claim. However, it is crucial to understand that there are specific deadlines for filing lawsuits related to these cases. These time limits can be intricate and are strictly upheld by the courts. It is highly recommended that claimants consult with our wrongful death lawyer promptly.

By doing so, we can initiate the process of collecting evidence to support the pursuit of your claim, working diligently to meet the necessary legal requirements and maximize your chances of a successful case.

What Should I Do Following The Death Of A Loved One In Ohio?

After losing your loved one, you might have several questions about what actions to take next. We aim to construct the most robust case possible to represent you effectively. To achieve this, we kindly request that you:

Record Your Out-Of-Pocket Costs

We aim to ensure you receive total and fair compensation for your losses. To facilitate this process, you must gather and retain all documentation of your damages. This includes keeping records of invoices, estimates, billing statements, and receipts that reflect your financial losses.

Leave Communications To Our Wrongful Death Attorney

Knowing that you have legal representation, the insurance company may still try to contact you directly. Their claims adjuster might bombard you with numerous questions, options, and complex legal terminology, which can be overwhelming and confusing.

After experiencing the loss of a loved one, you find yourself in a vulnerable position. Our dedicated team will take care of all the necessary aspects of your case, allowing you to focus on what truly matters while we handle the legal proceedings.

Consider The Advantages Of Collaborating With Our Wrongful Death Team

Our team is here to assist you, handling all the necessary obligations related to your case. We will assess the extent of your losses, initiate the claims filing process, and engage in settlement negotiations on your behalf.

If the insurance company refuses to agree to a fair settlement, our wrongful death attorney, Beachwood, OH, can pursue litigation to fight for your rights.

Who Can Be Held Liable For My Wrongful Death Claim?

Determining fault can be complex, as it requires proving that another party is liable for the accident that led to losing your loved one. Various elements need to be established to demonstrate their responsibility.

Thankfully, our skilled Ohio wrongful death attorney has the experience to navigate this challenging task. We will thoroughly investigate your case to collect valuable evidence substantiating liability and supporting your claim.

What Constitutes A Wrongful Death Claim?

As per Ohio Revised Code Section 2125.0, a wrongful death case can be pursued when an individual’s death is caused by an unlawful act, negligence, or intentional behavior that would have allowed the injured party to pursue a personal injury claim. However, it is essential to note that no one can initiate a legal complaint seeking compensation.

Our skilled wrongful death attorney in Beachwood, Ohio, can assist the deceased’s personal representative and family members. We are here to navigate the intricacies of these claims and support you throughout the process.

Who Can Pursue A Wrongful Death Lawsuit In Ohio?

In a wrongful death case in Ohio, the individual named as the personal representative of the deceased’s estate must initiate legal action.

This person can be designated in the deceased individual’s will or appointed by the probate court. Once the amount of damages is determined, the awarded compensation will be divided among the family members who have suffered losses due to the death.

The distribution of these damages follows the inheritance rights outlined in Ohio’s intestate laws. Typically, eligible family members include the surviving spouse, children, parents, and other dependents of the deceased.

However, it’s important to note that grandparents, siblings, and other relatives are generally not entitled to damages unless they can demonstrate legally compensable losses as defined by Ohio Revised Code Chapter 2105.

If a surviving spouse of the deceased remarries between the time of the death and the resolution of the wrongful death case, it does not necessarily mean they lose their portion of the damages. However, Ohio’s wrongful death law allows the court to consider remarriage when determining the losses suffered by the former spouse.

How Wrongful Death Claims Work In Ohio

If death is wrongful, the victim’s survivors may be entitled to compensation, subject to certain statutory restraints such as the applicable statute of limitations and damage caps. In Ohio, potential compensation includes future lost wages, costs of past medical bills, funeral bills, and the victim’s life or services.

Speaking with an experienced wrongful death attorney is crucial to fully understand the impact and ramifications of pursuing such a claim.

How Can I Prove My Wrongful Death Claim In Ohio?

While it is impossible to provide a guarantee of winning your lawsuit, there are steps you can take to increase your chances of success. Consider the following recommendations:

Prove ‘The Burden Of Proof’

If you lack evidence or proof to support your claims, it is doubtful that your lawsuit will be successful in court. Whether the death of your loved one was a result of negligence or intentional harm, it is crucial for you, as the representative of the deceased’s estate, to provide evidence demonstrating the defendant’s direct or indirect involvement in the death.

First, you must establish that the responsible party had a duty of care towards the deceased. You also need to prove that they breached this duty, resulting in the death of your loved one, and that they are now liable for damages. It’s important to understand that your attorney cannot determine whether the burden of proof has been met.

The judge will assess various factors in the case. If such a duty is established, it is your responsibility, along with your lawyer, to present evidence and prove your guilt. Failing to provide sufficient proof significantly diminishes your chances of winning the case.

Chose An Appropriate Wrongful Death Lawyer

Choosing the appropriate wrongful death attorney is crucial, considering the high stakes involved and the importance of adhering to the statute of limitations. A qualified wrongful death attorney can assist you in completing all the necessary paperwork accurately. Mistakes in the documentation can be costly and may impact the outcome of your wrongful death lawsuit.

A reliable attorney will maintain open and continuous communication with you. It is essential to have a lawyer who is dedicated to your case, providing regular updates as new information becomes available.

It is essential to conduct thorough research, read reviews and testimonials, and have discussions with potential wrongful death attorneys before making a decision, as this will increase your chances of success.

You Must File A Valid Wrongful Death Claim

It is essential to have a strong and legitimate case to have a viable chance of winning your wrongful death lawsuit. This means that your deceased loved one must have had a valid personal injury claim, resulting in their death due to the intentional or negligent actions of the defendant.

What Are The Types Of Damages Awarded In A Wrongful Death Claim?

According to Ohio’s laws regarding wrongful death, the types of compensatory damages that can be granted in a criminal death case include:

  • Reasonable expenses for the funeral and burial resulting from the wrongful death
  • Compensation for the loss of financial support due to the expected earning capacity of the deceased
  • Compensation for the loss of services provided by the deceased
  • Compensation for the loss of companionship, care, guidance, and other forms of support experienced by the surviving spouse, dependent children, parents, or next of kin of the deceased
  • Compensation for the loss of potential inheritance that the heirs would have received from the deceased
  • Compensation for the emotional pain and suffering endured by the surviving spouse, dependent children, parents, or next of kin of the deceased

Under Ohio law, punitive damages are not awarded in wrongful death claims. However, if the deceased experienced property loss or personal injury accompanied by pain and suffering before their death, the estate may seek punitive damages through a survivorship claim combined with the wrongful death claim.

If you have questions about the types and amount of damages you may be entitled to, our Ohio wrongful death attorney will carefully explain the details of your case.

What Is Ohio’s Statute Of Limitations For Wrongful Death Claims?

Ohio has a specific time limit for filing a wrongful death claim in civil court. According to the Ohio wrongful death statute, this time limit is two years from the date of the victim’s death or when it was discovered that the end was wrongful.

If the claim is filed after these two years, the court will likely dismiss it, and family members will lose their right to seek financial compensation. That’s why it is crucial to promptly seek the guidance of our accomplished wrongful death attorney in Beachwood, OH, if you suspect you have a case.

At Karp Steiger, we are dedicated to assisting you. Don’t hesitate to reach out to us today for a risk-free consultation.

Our Ohio Wrongful Death Lawyer Is Ready To Help

At Karp Steiger, we have assisted families during such trying times and can help families deal with the wrongful death of a loved one. We take the full lead in handling these cases. We will investigate the circumstances of the incident that led to the victim’s death, how much pain the victim was in before death, and what amount your family has suffered because of the victim’s death.

Our attorneys offer risk-free consultations and are happy to assist those who believe they may have a wrongful death claim. Also, our law firm can legally help you with Car AccidentsTruck AccidentsDog Bites, Animal AttacksSlip and FallNursing Home Abuse, and Sex Abuse. Contact us today to learn how we can help you.