Toledo Wrongful Death Attorney
Fatal accidents can happen in various ways in the Toledo area, from crashes on I-75 to negligent medical treatment or acts of violence. If you recently lost a family member due to another party’s actions, this can form grounds to file a wrongful death claim, but it is crucial to have experienced legal counsel on your side for this type of case. A Toledo wrongful death attorney at Johnson & Associates can help you approach this difficult case with confidence.
The team at Johnson & Associates has over 35 years of experience representing injured clients in Toledo and the surrounding communities of northwest Ohio and southern Michigan in a wide range of cases. We have a strong reputation for providing aggressive legal representation in every case we accept, fighting for as much compensation as state law allows for our clients’ damages.
When one party’s actions harm another party, this can form the foundation of a personal injury case, but when the victim does not survive, then the victim’s family would likely be eligible to file a wrongful death case instead. In Ohio, there are strict wrongful death laws that you must understand as you prepare to file this type of case.
Any incident that could lead to a personal injury case can instead generate a wrongful death claim when the victim does not survive. The team at Johnson & Associates has proven experience handling wrongful death claims arising from:
These are only a few ways that wrongful deaths can happen in Toledo. If you believe another party is responsible for your family member’s recent death, you have a short time in which to build your wrongful death claim and pursue accountability. Johnson & Associates is ready to provide compassionate and results-driven representation through every stage of these proceedings.
The unexpected loss of a family member is likely to come as an extreme shock, and you need legal counsel you can trust on your side as soon as possible if you believe their death was the result of another party’s negligence or misconduct. Johnson & Associates offers free consultations to prospective new clients, and your consultation with our team is an opportunity to learn how we can help you build a stronger case.
Success with a wrongful death claim in Toledo requires evidence that proves the defendant in question is directly responsible for causing your damages. The evidence you need depends on the nature of the fatal incident in question, and some evidence may not be obtainable for long. You should hire a wrongful death attorney at your first opportunity so they can start gathering crucial evidence to build your case.
You must identify the defendant responsible for causing your family member’s death and then prove how they caused it before you can recover any compensation. Liability for the death in question could be disputed in various ways. For example, the defendant may claim that the victim contributed to causing the fatal incident in question, which would bring Ohio’s modified comparative fault statute into play.
Your attorney can address any such assertions and help you pursue accountability, potentially minimizing any fault percentage that could be assigned to the victim. Once your attorney has established fault, they can help you recover damages. Plaintiffs in these cases are typically eligible to claim economic and non-economic damages, and it is vital to have an attorney accurately calculate all of the losses you and your family can claim from the defendant.
Economic damages can include funeral and burial expenses, losses from the deceased’s estate, and the cost of their final medical expenses. Non-economic damages can include the pain and suffering the victim experienced prior to their death, the surviving spouse’s loss of consortium, and the surviving family’s mental anguish. In some wrongful death cases, plaintiffs may also receive punitive damages to reflect the illegal nature of defendants’ actions.
The aftermath of your family member’s recent unexpected death can be confusing and traumatic, and it can raise very difficult legal questions that you cannot answer alone. When you choose Johnson & Associates to represent you, we will efficiently investigate the fatal incident in question, identify the party or parties most likely to be responsible for the victim’s death, and explain the procedural rules you must follow to file a wrongful death claim correctly.
Your case may require confronting difficult insurance carriers who attempt to settle claims for as little as possible, but we can level the playing field and secure a fair settlement. When it comes to your civil wrongful death claim against a defendant, you can trust us to negotiate a settlement if possible, but we are confident in our ability to represent you in the courtroom if litigation is required to resolve your case.
Some wrongful death cases can be difficult to resolve, and defendants are likely to contest their liability for these fatal incidents. They can also dispute the range of damages sought by plaintiffs, so aggressive and results-driven legal counsel is crucial to have on your side for this type of case. Johnson & Associates has a strong record of success with wrongful death claims in Toledo, so reach out to our firm as soon as possible to learn how we can help with yours.
A: In Ohio, only the personal representative or executor of the deceased’s estate has the right to file a wrongful death claim, and they do so on behalf of the deceased’s beneficiaries. If the victim did not have a will or estate plan, then the surviving family members must petition the court to appoint a personal representative to act as the plaintiff in their wrongful death case against the defendant.
A: The statute of limitations for a wrongful death claim in Ohio is the time limit within which the case must be filed. Under Ohio R.C. 2125.02, the personal representative of the deceased’s estate can bring a wrongful death claim against the defendant on behalf of the victim’s beneficiaries, and they must do so within two years of the date of the victim’s death. The plaintiff must meet this statute of limitations or the case will be automatically dismissed.
A: In Toledo, the value of a wrongful death claim depends on several factors. Your Toledo wrongful death attorney can calculate the various economic damages that can be claimed from the defendant, including funeral and burial expenses, lost financial support, damages to the estate of the deceased, and your and your family’s mental anguish. You have a better chance of securing appropriate compensation for these losses with an attorney’s help.
A: Yes, there could be penalties for causing a wrongful death in Toledo, depending on how the defendant caused the death. They could not only face liability for the family’s civil damages but also criminal prosecution, depending on how they caused the victim’s death. For example, if the defendant caused a fatal accident because of drinking and driving, their penalties are likely to increase significantly. Your attorney can explain how such factors could affect your case.
A: You should hire a wrongful death attorney in Toledo to have a better chance of success with this type of case. These cases are emotionally challenging, often involve significant complex damages, and can raise complex liability questions that you will not be able to resolve on your own. Experienced legal counsel is a tremendous asset that significantly improves your chances of holding the defendant accountable and recovering appropriate compensation. A successful wrongful death claim cannot replace the victim, but it can provide you and your family a sense of closure and secure compensation that makes adjusting to your new economic circumstances a bit easier. The team at Johnson & Associates is ready to provide compassionate and results-driven legal counsel through every stage of your case, so contact us today to schedule a free consultation with a Toledo wrongful death attorney.
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