Losing a loved one under any set of circumstances is difficult. Knowing their death was unnecessarily caused by another is heart-wrenching. At Adkinson Law, LLC, we help the loved ones left behind after a wrongful death secure the financial compensation to which they are entitled. We sympathize with those grieving and pride ourselves on providing aggressive, vigorous, and skilled representation they can depend upon.
What is wrongful death?
In determining whether or not a person’s death is considered to be wrongful, the essential criteria for such a claim are that:
- The conduct of a person or entity must have caused death through their negligence or strict liability.
Another way to look at it is - if the person who died had lived, and they would have been entitled to file a cause of action and recover damages against the person or entity that caused their injury, then a claim may be filed on behalf of the surviving loved ones. Wrongful death claims in Ohio are governed by Section 2125.01 et seq. of the Ohio Revised Code.
What is a wrongful death claim?
Two of the most common scenarios giving rise to wrongful death claims are:
- Medical Malpractice: Medical malpractice is a legal cause of action that occurs when a healthcare professional causes injury to a patient. The injury must be due to the healthcare provider’s negligent acts or omissions. When the medical malpractice results in the death of the patient, a claim for wrongful death arises.
- Car Accidents: Car accidents, especially those involving high rates of speed or multiple vehicles, often result in fatalities. Those fatalities can result in wrongful death claims.
What can I recover in a wrongful death action?
While every situation is different, the surviving family of a wrongful death victim may be entitled to recover for the following:
- Funeral and Burial Costs
- Loss of Companionship and Guidance
- Loss of Potential Retirement
- Loss of Support from a Loved One’s Expected Income had they Lived
- Loss of Potential Inheritance
- Mental Anguish
What is the difference between wrongful death claims and survival actions?
While a wrongful death claim focuses on the family of the decedent, a survival action focuses on the actual decedent. For example, if a person was in a horrible car crash and lived for a period of time before succumbing to their injuries, a survival action could be filed on their behalf. The action would seek compensation for the pain and suffering the victim experienced and any medical expenses incurred as a result of the accident. Any financial compensation received through the survival action would be awarded to the decedent’s estate and be distributed according to the terms of their will, or if there is no will, through intestate succession.
Speak With An Experienced Wrongful Death Attorney
If your loved one suffered a wrongful death, contact Pat at 937-901-4394 to schedule a free, no-obligation consultation. Pat is ready to provide you with the experienced and attentive legal representation you deserve.