In wrongful death cases, our first priority is to provide exceptional legal representation for the family of the deceased victim. However, equally as important is understanding and meeting the emotional and support needs of the victim’s family. In wrongful death cases, we take the time to understand these needs, learn and appreciate who the victim was, and incorporate those findings into our representation of the family. At The Pecchio Law Firm, we are here to advocate for and counsel your family.
Types of Wrongful Death Cases:
- Wrongful death cases often arise from automobile and industrial accidents, product liability, medical malpractice, and other situations when the negligence, recklessness, or deliberate conduct of another results in a fatality.
- Each state has different laws about the types of losses in which wrongful death compensation is allowed. Compensation may be available to a surviving spouse, child, or parent, as outlined below:
- Lost Income – generally speaking, all states allow for recovery of lost income, services, and support that the deceased person would have provided for their immediate family.
- Pain and Suffering – most states allow recovery for the mental pain and suffering endured by the deceased’s immediate family members. Some states also allow a separate action for monetary damages for the pain and suffering that the victim suffered before death.
- Other Damages – The court considers a number of factors when determining the amount of damages to be awarded to the survivors of the deceased victim. These factors include the relationship between the survivor and the deceased, the amount of the deceased’s net income available to the survivor, the replacement value of the deceased’s services, and the life expectancy of all parties.
What Is Wrongful Death Under Ohio Law?
Under Ohio law, wrongful death is defined as a death that occurs due to another person or party’s wrongful act, whether that act is due to negligence, intentional conduct, or default.
Who Can File For A Wrongful Death Lawsuit In Northeast Ohio?
In Northeast Ohio, the administrator of the decedent’s estate can pursue a claim for damages in court for the loss of life, the suffering of the decedent, and the damages suffered by the next of kin. A court must authorize the administrator to act on behalf of the decedent’s estate.
What Kind Of Damages Can Be Sought In A Wrongful Death Lawsuit In Ohio?
In a wrongful death lawsuit in Ohio, damages can be sought for:
- Loss of life of the decedent.
- Suffering of the decedent.
- Damages suffered by the family or next of kin of the decedent.
What Is The Statute Of Limitation For Filing A Wrongful Death Lawsuit In Ohio?
The statute of limitation for filing a wrongful death lawsuit in Ohio is generally two years from the date of death.
What Is The Process For Filing A Wrongful Death Lawsuit In Ohio?
To file a wrongful death lawsuit in Ohio, the following steps must be taken:
- The probate court of the county where the decedent’s estate is located must authorize an administrator to pursue a lawsuit.
- The administrator can then file a lawsuit in court for the intentional or negligent conduct that resulted in the death.
How Long Does A Wrongful Death Lawsuit In Ohio Take?
The duration of a wrongful death lawsuit in Ohio can vary, as with other civil lawsuits. It can take anywhere from a few months up to one to two years, depending on the court’s docket and the complexity of the case. For more information on Wrongful Death Claims In The State Of Ohio, an initial consultation is your next best step.