Dayton Wrongful Death Lawyer

Losing a loved one can bring about pain, anger, and upheaval for those left behind, along with questions about what to do next. We know these can be especially acute when someone else is to blame. We’ve seen this firsthand in the many Dayton-area families we’ve worked with over the years—families who’ve suffered the unthinkable due to the careless, reckless, or deliberate actions of others. And while we know that money cannot undo what’s been taken from you, we also know that it can provide you with the accountability, justice, and financial resources you need as you rebuild after your loss.

Don’t face this challenging time alone. Reach out to Amourgis & Associates, Attorneys at Law, to speak with a Dayton wrongful death lawyer about your loss. We can explain your options and start pursuing justice at no upfront cost to you.

What Is a Wrongful Death?

Under Ohio law, when someone dies because of another party’s wrongful act, neglect, or default, the victim’s survivors can pursue a lawsuit against that party. This lawsuit must be brought by the personal representatives of the deceased party’s estate. This lawsuit can seek compensation to cover losses stemming from the death, like funeral expenses, loss of support, and survivors’ mental anguish.

What You Need to Know About Ohio Wrongful Death Law

If you know or suspect someone else is to blame for your loved one’s death, here are some of the provisions you should know from Ohio’s wrongful death law:

Trusts for Young Beneficiaries: If any beneficiaries of a wrongful death case are minors or young adults under 25, the courts have the authority to establish trusts on their behalf. These trusts ensure any compensation is safeguarded and properly managed until the beneficiary is of age.
Abandonment: If a parent previously abandoned a minor who dies, the law can prevent that parent from benefiting from a related wrongful death claim.
Annuity Considerations: When managing compensation for beneficiaries, the courts may consider annuities from insurance companies with specific ratings. This ensures beneficiaries receive due compensation from reliable and financially stable sources.
Distribution among Beneficiaries: The court can assess various factors to determine each beneficiary’s rightful share of compensation. These factors can include their relationship to the deceased and the depth of their emotional or financial harm due to the loss. While funds will likely go first to a surviving spouse and any surviving children, other family members may also recover funds if they can show they suffered loss as a result of the decedent’s death.

Before proceeding with a claim, it’s essential to understand who has standing to file an Ohio wrongful death suit.

Who Can File a Wrongful Death Lawsuit in Ohio?

When someone dies due to a wrongful act that would have allowed them to file a personal injury claim had they survived, their loved ones may have grounds to file a wrongful death suit. But not just anyone can sue for wrongful death under Ohio law. Only the personal representative of the deceased’s estate has the legal authority to bring forth such a claim.

In many cases, the personal representative is the executor named by the deceased in their will. If someone dies without a will, the court can appoint a suitable person to act as a personal representative. A personal representative acts on behalf of the deceased’s beneficiaries in court.

The beneficiaries, in this context, typically include:

The deceased’s surviving spouse
Surviving children, including adopted children
Surviving parents

It’s worth noting that while the personal representative files the lawsuit on behalf of the deceased’s beneficiaries, only the beneficiaries are entitled to the compensation award. The personal representative advocates for the beneficiaries’ interests, often with the help of a wrongful death lawyer in Ohio.

What Damages Can I Receive in a Dayton Wrongful Death Case?

When someone dies due to another’s wrongful behavior, a wrongful death attorney in Ohio can help surviving family members pursue the following types of damages to compensate them financially:

Medical Expenses: Compensation for any final medical bills the deceased incurred due to the injury that ultimately caused their death
Funeral and Burial Costs: Money for funeral and burial expenses in honor of the deceased
Lost Wages and Benefits: Reimbursement for wages, benefits, and potential future earnings that the deceased would have contributed to the family had they lived
Loss of Companionship: Monetary value for the loss of love, companionship, guidance, and support from the deceased
Pain and Suffering: Compensation for the emotional distress and anguish of the survivors

In cases where the liable party’s actions were particularly egregious or malicious, the court might award punitive damages. This type of monetary award isn’t to compensate the family but rather to punish negligence and deter similar conduct in the future.

Statute of Limitations to File a Wrongful Death Lawsuit in Ohio

If you have a wrongful death case in Ohio, you need to know the deadlines for taking action. Specifically, state law gives you a two-year window to file a suit, which starts on the date of your loved one’s death or the date you discovered that the death was wrongful. The personal representative must file the wrongful death claim within two years or forfeit the opportunity to seek legal compensation on behalf of beneficiaries.

Given this strict timeline, acting as soon as you know or suspect you have grounds for a wrongful death case is essential. A knowledgeable lawyer can evaluate the details of your situation, identify important filing deadlines, and keep your case on track.

What Accidents Could Result in a Wrongful Death Claim?

While any wrongful act, neglect, or default can give rise to a wrongful death claim, some of the most common grounds involve:

Motor Vehicle Accidents: Collisions involving cars, trucks, motorcycles, and other road vehicles
Medical Malpractice: Misdiagnoses, surgical mistakes, or incorrect medication administration
Workplace Accidents: Fatal work accidents due to poor safety standards or maintenance
Defective Products: Products with dangerous defects or without proper instructions or warnings
Premises Liability: Accidents due to poor property maintenance or lack of security
Nursing Home Abuse: Neglect, physical or psychological abuse, or medical errors in care facilities
Criminal Acts: Violent actions, such as assault, battery, or murder

The best way to find out if you have grounds to file a wrongful death claim is to consult an attorney as soon as possible.

Contact our Dayton Wrongful Death Lawyer Today

In the aftermath of a tragedy, you deserve compassion, empathy, and support. You could also deserve compensation for what you’ve lost. Our Dayton personal injury lawyers at Amourgis & Associates, Attorneys at Law, are here to ensure you’re not alone in this fight. From explaining your rights to investigating your claim to pursuing compensation, we’re here for you. Connect with us now for a free, no-obligation case review with a Dayton wrongful death attorney.