Wrongful Death Attorney: Questions and Answers

Posted by Lowe Eklund Wakefield Co., LPA on Jan 25, 2019 8:35:02 AM

When a loved one dies because of someone else’s actions, you need to consult a wrongful death attorney as soon as possible.  No matter the circumstances, the loss of a loved one can be traumatic, emotional, and difficult to understand.  A loss can leave families with many questions regarding the circumstances and responsibility relating to the wrongful death.  In your difficult time, you need the help and advice of someone you can trust.A wrongful death attorney can help you and your family in your time of grief.

Lowe Eklund Wakefield Co., LPA’s wrongful death attorneys help families in Cleveland, Ohio, and across the country find justice after the wrongful death of a loved one.  For more than forty years, Lowe Eklund’s attorneys have successfully represented countless families in settlements, negotiations, and civil trials.  Our dedicated team knows how to hold companies, hospitals, manufacturers, drivers, and negligent actors legally and financially liable for the injuries and wrongful deaths they cause.

If your loved one has passed and you believe a business or individual’s actions may be to blame, you need to act fast to discuss your claims with an attorney.  Call or email Lowe Eklund Wakefield Co., LPA today for a FREE consultation about your case.  Or, for answers to wrongful death client FAQs, keep reading below.

What is wrongful death in Ohio?

Under Ohio law, wrongful death occurs when the wrongful or negligent actions of another result in the decedent’s death.  Why does something with such a simple definition need to be discussed?  Because of the inclusion of both wrongful and negligent actions. 

Wrongful death claims are not limited to negligence actions.  Of course, legal action may be taken when a death occurs as the result of negligence, car accidents, malpractice, and product defects.  But wrongful death actions arise out of other, non-negligence circumstances.  Elder abuse, physical attacks, certain toxic tort claims, and other instances of intentional conduct can serve as the basis of a wrongful death claim.

If a loved one dies and you have any concern that someone else is to blame, call an attorney.  An attorney can investigate and analyze the exact circumstances and make a determination of whether a wrongful death may have occurred.

What compensation is available in a wrongful death lawsuit in Ohio?

The compensation available in a wrongful death lawsuit will depend on your specific circumstances.  For example, loss of financial support is typically available to families when an income-earning adult passes away.  However, if the decedent did not earn an income, then it is likely that no loss of financial support award would be included in any compensatory award.  So, the specifics of each case will dictate what compensation may be available.

Broadly speaking, though, the following types of compensation may be awarded if the circumstances warrant them:

  • Loss of financial support
  • Loss of services
  • Loss of companionship
  • Loss of society
  • Loss of prospective inheritance
  • Mental anguish caused by the loss
  • Funeral, cremation, and burial expenses

What is the statute of limitations for wrongful death in Ohio?

Though there are some limitations, Ohio requires that a wrongful death lawsuit be filed within two years of the decedent’s death. 

What this means is that you and your family have some time to work with an attorney, to grieve, to consider filing a lawsuit.  You do have time.

What this does not mean, however, is that you should delay pursuing a claim.  Wrongful death lawsuits, like any other, rely on evidence to be successful.  Speaking to an attorney as soon as possible, collecting fresh and preserved evidence, and building a case early can all improve your chances for success.

Schedule a FREE consultation with an Ohio wrongful death attorney

Regardless of the circumstances, losing a loved one hurts.  You need someone to help you handle the legal concerns while you and your family focus on recovering from your loss.  Lowe Eklund Wakefield Co., LPA is here to help.

Call or email today for your free consultation and let us show you how we can fight for justice for your lost loved one.

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Topics: wrongful death attorney