Wrongful Death Lawyer
An unexpected accident can take a person’s life. But when someone’s negligence causes a fatal scenario, the surviving family has a right to pursue legal action against them.
You can hold the negligent individual or company liable for your loved one’s death by pursuing compensation from the at-fault party. Although no amount of money you receive can make up for what happened, it might provide financial relief while planning the funeral and settling your relative’s affairs.
If your loved one died due to someone else’s negligence, do not hesitate to contact Amourgis & Associates, Attorneys at Law. Our Akron wrongful death attorneys know how to handle a case like yours. You can count on us to fight for you and seek the justice your family member deserves. To find out how we can help, call us today for a free consultation.
What Is a Wrongful Death Claim?
According to Ohio laws, wrongful death is caused by someone else’s neglect, default, or wrongful act. Pursuing a wrongful death case is similar to a personal injury case. When you get hurt in an accident due to someone’s negligence, filing an insurance claim or lawsuit can compensate for your medical bills and other expenses.
The victim could have recovered compensation for their injury from the at-fault person if they didn’t die. However, their death doesn’t prevent another person from holding the negligent party liable. An eligible individual can bring a wrongful death claim to compensate the surviving family for funeral costs and other losses.
Common Types of Wrongful Death Cases
Wrongful death can result from various contributing factors. Whether a motorist drives drunk or a business owner doesn’t maintain their property, anyone they encounter is at risk of serious harm.
At Amourgis & Associates, Attorneys at Law, an experienced lawyer for wrongful death claims can represent you in a case involving circumstances such as:
- Truck accidents
- Slip and falls
- Car accidents
- Dog bites
- Nursing home abuse and neglect
- Motorcycle accidents
You should contact us immediately if any of these factors contributed to your loved one’s death. We can investigate to determine fault and pursue the compensation you deserve.
Who Can File a Wrongful Death Lawsuit?
Surviving family can’t file a wrongful death lawsuit in Ohio. Only the personal representative of the victim’s estate is eligible to pursue a wrongful death case.
If your loved one doesn’t have a will, the court can appoint an administrator of the estate to handle the lawsuit. Typically, the courts designate surviving relatives, such as spouses or children.
Compensation Available in a Wrongful Death Case
The personal representative of the estate can file a lawsuit against the negligent party for causing your loved one’s death. Compensation in a wrongful death lawsuit might cover:
- Loss of the loved one’s advice, instruction, care, companionship, counsel, or guidance
- Mental anguish surviving family endured due to the death
- Loss of support the victim can no longer provide
- Loss of inheritance the victim could have left to a surviving spouse or children if they survived the accident
- Loss of the victim’s child care, housework, and other services
A surviving spouse, child, or parent could receive the financial award if they suffered losses from the accident victim’s death. Other family members, such as grandparents and siblings, might also recover compensation if they can prove their compensable losses to the court.
Compensation Available in a Survival Action
A survival action is a separate type of legal action. Unlike a wrongful death lawsuit that compensates surviving family members, a survival action compensates the victim.
The personal representative of the estate can pursue a survival action for the victim’s suffering and other expenses from the accident. Since the estate recovers the compensation, the personal representative can use it to pay for estate taxes, debts, and other costs. The remaining money can be distributed to beneficiaries.
The compensation in a survival action can cover the victim’s:
- Pain and suffering endured between the accident and their death
- Lost earnings
- Medical bills and related expenses
- Mental anguish suffered between the accident and death
Punitive or exemplary damages are not recoverable in a wrongful death lawsuit. However, they might be available in a survival action. This type of financial award punishes the defendant for their misconduct and deters similar acts in the future.
A survival action can be confusing to handle. You should contact Amourgis & Associates, Attorneys at Law to speak with a wrongful death attorney in Ohio. We can determine the appropriate strategy to seek the compensation owed to you.
Statute of Limitations for Wrongful Death Lawsuits
The wrongful death statute in Ohio allows a two-year timeframe to file a lawsuit against another party. That means the personal representative of the victim’s estate has two years from the date of the death to initiate their lawsuit in court. Once two years pass, recovering compensation for the surviving family might not be possible. The two-year timeframe also applies to survival actions.
Contact an Experienced Wrongful Death Lawyer Today
At Amourgis & Associates, Attorneys at Law, we fight for people harmed by others’ wrongdoings. We believe in standing up for those who cannot advocate for themselves. When someone’s negligence costs your loved one their life, you should have someone on your side to help hold them accountable.
If your loved one died in an accident someone else caused, call or contact us online for a free consultation with an experienced Akron wrongful death attorney.
