Akron Wrongful Death Attorney
The unexpected accidental loss of a family member can quickly turn your world upside down. It’s natural to feel overwhelmed and unsure of where to turn for support. A compassionate Akron personal injury lawyer can help you seek accountability and fair compensation through a wrongful death claim. While compensation cannot bring back your loved one, it can provide much-needed assistance as you seek healing and closure.
What Is Wrongful Death?
Under Ohio law, a wrongful death occurs when someone dies because of another party’s wrongful act, neglect, or default. A wrongful death claim exists if the deceased person would have had grounds to file a personal injury claim and recover compensation for their injuries had they survived.
Types of Wrongful Death Claims
Wrongful death claims can arise from a variety of tragic circumstances where someone’s negligence or intentional actions result in another person’s death. Common types of wrongful death claims involve deaths that result from:
- Car Accidents – If a driver’s careless behavior leads to a fatal traffic accident, the victim’s estate can file a wrongful death claim against the at-fault driver.
- Medical Malpractice – If a doctor makes a preventable error during treatment or diagnosis, and a patient dies as a result, the deceased’s estate can file a malpractice-based wrongful death claim.
- Workplace Incidents – If an employee dies due to an unsafe work environment, faulty equipment, or a lack of safety measures, their estate could file a wrongful death claim against the employer.
- Product Liability – If a faulty or dangerous product leads to someone’s death, their estate can sue the manufacturer, distributor, or retailer for wrongful death.
- Criminal Actions – If someone dies as a result of criminal activity, such as assault, the perpetrator can face a wrongful death lawsuit in civil court in addition to facing criminal charges.
Who Can File a Wrongful Death Claim in Ohio?
In Ohio, only the personal representative of the deceased person’s estate may file a wrongful death lawsuit. In many cases, the personal representative of the estate is the executor named in the deceased’s will. However, if the nominated executor cannot serve, or if no will exists, the court can appoint someone to serve as the personal representative.
The personal representative acts on behalf of the deceased’s estate and is responsible for handling the wrongful death claim. Any compensation a personal representative recovers from a wrongful death claim goes to eligible family members, such as the spouse, children, and parents of the deceased.
Compensation Available for Wrongful Death Victims in Akron, Ohio
The money available from a wrongful death lawsuit is intended to compensate the family of the deceased for several types of losses. For instance, families can receive compensation for:
- Loss of financial support from the earnings the deceased would have provided
- Loss of the deceased’s services, such as child care or household maintenance
- Loss of the deceased’s companionship, care, attention, protection, guidance, and counsel
- Loss of reasonably expected inheritance for heirs at law
- Mental anguish experienced by surviving spouses, dependent children, parents, or next of kin
Contact Our Akron Wrongful Death Attorneys for Help
Dealing with the loss of a loved one is never easy, and the prospect of managing a legal claim might seem impossible at a time like this. But remember, you don’t have to do this alone. Let Amourgis & Associates, Attorneys at Law, lighten your burden. We’ll explain your legal rights and help you make informed decisions during this difficult period. Contact us now for a free consultation to learn how we can assist you in demanding the justice and financial relief you deserve.
