Guidance After The Tragic Death Of A Loved One
After the loss of a loved one due to a tragic or sudden death, it can be difficult to do anything beyond mourning their loss. However, you may have a case for wrongful death if the conduct of another caused their fatal injury or accident.
A wrongful death lawsuit allows surviving family members to recover damages after the death of a loved one. With the emotional and complex nature of wrongful death cases, the attorneys at Johnson & Associates can provide guidance and build a compelling case for you.
Damages Available In A Wrongful Death Lawsuit
Wrongful death cases are set apart from personal injury lawsuits in that the actual victim, or decedent, is not bringing the suit. Rather, a personal representative of the estate, typically a spouse, child or parent, brings the suit on behalf of the surviving family members.
There are two types of damages available: pecuniary and punitive.
- Pecuniary damages compensate survivors for their financial losses from the death of the decedent, including loss of support, medical costs and funeral expenses.
- Punitive damages, rarely awarded in Ohio, are ordered in addition to pecuniary damages and are intended to punish the at-fault party for their actions.
Conditions For Filing A Wrongful Death Suit
To file a lawsuit in Ohio, family members must show that:
- The decedent’s death was caused by a wrongful act, neglect or default
- The act, neglect or default would have entitled the injured person to file an action to recover damages had death not occurred
- There are surviving beneficiaries, children or dependents of the decedent
- Monetary damages have resulted from the death of the decedent
A lawsuit may be pursued to recover damages from the at-fault party after the above criteria have been determined.
Our lawyers will preserve evidence and investigate the accident to prove that negligent or intentional actions led to the fatality. We are committed to providing financial and emotional relief for the surviving family members, whether that includes coming to a suitable resolution in mediation or through litigation.
Consult With A Skilled Attorney
The attorneys at Johnson & Associates will attempt to make a troubling period more bearable through their commitment to your needs. Schedule a free initial consultation at our Toledo office by calling 419-455-1245 or emailing us through our online form.