Losing a loved one is one of the most difficult experiences one can have. It's especially terrible to learn that the death was caused by the negligence of another party. Filing a wrongful death lawsuit against the party responsible for a loved one's death might provide some security to a family during such a horrible time.
People don't have to go through this alone, thankfully. The Dublin wrongful death lawyers at The Keating Firm LTD assist the families of deceased victims in obtaining the resources they need to move ahead after a tragic loss. To schedule a free initial, no-obligation consultation, a person should call (866) 836-4878 or contact the Dublin injury office using the contact form provided.
What Is a Wrongful Death Claim?
Survivors or direct relatives of someone who died as a result of someone else's negligence or wrongdoing can file a wrongful death lawsuit.
The law allows the deceased's family members to initiate a wrongful death lawsuit seeking financial compensation in these situations. Wrongful death lawsuits are designed to compensate family members who were emotionally and financially dependent on the deceased.
Car accidents caused by drivers breaking the speed limit or driving while intoxicated are common causes of wrongful death claims. Another example is medical malpractice or criminal behavior that results in death.
Wrongful death lawsuits are civil proceedings with only monetary awards. The court orders the accused to pay financial compensation if the survivors of a deceased individual win a wrongful death action.
If the death was caused by a criminal act, a lawsuit will be filed in the criminal court system, with charges such as probation and jail time. Wrongful death cases will be handled separately in civil court. A criminal lawsuit and a wrongful death trial will take place in different judicial systems at different times.
An example would be if a drunk driver caused an accident and killed the other driver. A criminal court could find the drunk driver guilty and sentence them to prison. In civil court, the family of the deceased party could pursue a wrongful death lawsuit.
Even if the drunk driver is found not guilty, the family of the deceased person may be able to file and win a wrongful death lawsuit.
What Kinds of Damages Can Be Recovered?
There are two main sorts of damages that one might recover in Dublin. The first type of compensation is for expenses incurred as a result of the person's death. Among them are:
Funeral expenses
Suffering and pain that leads to death
Medical bills incurred before death
Other costs associated with the deadly accident
The Types of Wrongful Death Cases We Handle
Any death caused by a third party's "wrongful act, negligence, or default" is considered a wrongful death under Ohio law. However, wrongful death cases can result from a variety of factors, including car accidents and slip and fall injuries.
The legal staff has experience with a wide range of wrongful death cases, including:
Motor Vehicle Accidents
According to the Ohio State Highway Patrol, approximately 1,100 people died in car accidents in 2020. Pedestrians and bikers were involved in some of the accidents, as were drivers and passengers in automobiles.
The Keating Firm's wrongful death lawyers represent people injured in car, truck, motorbike, pedestrian, and bicycle accidents. In the aftermath of an accident, they provide compassionate care while investigating what happened.
Construction Accidents
Over 1,000 people working in the construction industry died in 2019, according to the Occupational Safety and Health Administration (OSHA). This accounts for more than a quarter of all workplace fatalities in the United States.
The Keating Firm represents construction workers and pedestrians who have been injured by heavy machinery, falling objects, faulty scaffolding, dangerous products, and explosions, among other matters.
Defective Products
When creating and distributing new products, some manufacturers fail to follow safety regulations. There could be flaws in the design, production, or marketing of these products. A product's label, for instance, may be missing important safety information.
An individual could sue the maker (or another party) for damages if a loved one died as a result of using the risky product.
Medical Malpractice
Other wrongful death claims, such as those involving a doctor or a hospital system, may be more difficult to prove. If a delayed diagnosis was the cause of death, there would be many more questions to answer in order to prove fault.
Columbus wrongful death lawyers often investigate cases in which a responsible individual or corporation attempts to hide or deflect blame in order to avoid blame. A wrongful death lawyer can look into the matter and figure out what went wrong, guaranteeing that the deceased's family is compensated in a successful wrongful death suit.
Slip and Fall Accidents
These wrongful death cases are classified as premises liability because they occur on public or private property. A wrongful death attorney can assist those who should have been protected as a result of good property ownership or management.
Attorneys look at dangers like damp spots on the floor, debris in a walkway, or cracked and broken pavement to determine what caused a slip and fall accident. They'll treat a victim with compassion and understanding during the time that they're working on his/her claim.
How Long Do You Have in Ohio to File a Wrongful Death Lawsuit?
There is a statute of limitations for each cause of action. The statute of limitations for wrongful death cases in Ohio is two years from the date of the decedent's death. This means that in order for a victim to be eligible for compensation, they must submit their lawsuit within two years of their loved one's death.
Medical malpractice claims may have a shorter statute of limitations than other types of cases. The Keating Firm's wrongful death attorney in Dublin, Ohio, will explain how the statute of limitations affects your case.
How Do You Prove Negligence in a Wrongful Death Case?
To prove carelessness in a wrongful death case, one must show the following four elements:
Duty
An individual must show the court that the defendant had a duty of care in the case. It could also be characterized as the defendant's responsibility to keep the decedent safe and secure.
Breach
One must also show how the defendant breached or violated their duty of care. This could happen as a result of a specific action or omission when another reasonable person in the same scenario would have taken the appropriate action.
Causation
They must also show that the decedent's death was caused solely by the defendant's conduct or omission and not by any other factor. To do so, a person must present supporting evidence that the breach of duty caused the damage or death.
Damages
Furthermore, an individual must show that the deceased incurred actual damages or damages that can be quantified in monetary terms in order to receive damages from the court. Otherwise, a jury would see no need to provide a financial settlement to a victim's relatives.
Who Can File a Wrongful Death Claim in Dublin, OH?
In Ohio, a wrongful death claim can be filed on behalf of the estate and certain family members by the personal attorney of the decedent's estate. The executor of the decedent's will can often launch a lawsuit on behalf of all the deceased's beneficiaries (family members). The court may appoint a personal representative if there is no will.
What Is the Difference Between an Estate Claim and a Wrongful Death Claim?
A wrongful death claim can help determine the true value of a person's life. It is usually brought on behalf of or by the surviving relatives of the decedent. It usually comprises monetary damages relating to the decedent's financial and intangible assets.
An Estate Claim, on the other hand, is intended to compensate the surviving family or estate for any financial losses incurred as a result of the person's death. It is also brought on behalf of or by the decedent's family or estate in order to establish and collect any losses the estate may have suffered as a result of the untimely death.
Where Can You Hire a Dublin Wrongful Death Lawyer?
No amount of money can compensate for the tragedy that took a loved one's life. A successful wrongful death lawsuit, on the other hand, can provide the financial help a victim's family requires during this difficult time.
A wrongful death lawyer in Dublin, OH will be on the victim's family side if their loved one died as a result of wrongful death. The Keating Firm LTD has handled numerous wrongful death cases and can hold those responsible for the death of a person's loved one accountable.
Dublin wrongful death lawyer will take care of every detail of a victim's case, leaving him/her to focus on their recovery.
Wrongful Death Settlements
Each case is different in terms of facts and circumstances. Calculating damages and negotiating a settlement without the help of an experienced Dublin wrongful death lawyer can be extremely difficult.
Non-economic damages, such as the pain and suffering a victim experiences, are more difficult to measure than economic losses like burial fees. The insurance company will try to pay as little as possible, but wrongful death victims' families are obligated to fair compensation.
A wrongful death lawyer will examine the evidence and calculate an appropriate amount of compensation for a client's death claim. On behalf of the remaining family members, the attorney might file a wrongful death lawsuit and try to reach an out-of-court settlement with the defendant.
While civil lawsuits usually settle, there are situations when the parties will be unable to reach an agreement. When this happens, a lawyer may file a wrongful death lawsuit on the client's behalf against the responsible party, and a jury will decide whether or not they are entitled to compensation.
Statutes on Wrongful Death Suit
The laws governing countless wrongful death cases differ from one state to the next. One may not be able to file a claim for damages depending on where one lives. The right to file a claim may be limited to direct family members in some jurisdictions. Under some conditions, several jurisdictions allow extended families and even non-relatives to file lawsuits.
The following family members are eligible to claim wrongful death in Georgia:
The deceased's surviving spouse
The deceased's living children (if there is not a surviving spouse)
The deceased's surviving sister or brother (only allowed to sue through the estate)
The deceased's remaining parents (if there is no surviving spouse or if the child is deceased)
Is there a Cap on Wrongful Death Claims?
In certain states, wrongful death compensation is limited. Additionally, in many places, family members can only sue for a certain sum in wrongful death lawsuits. In Georgia, however, there are no limits on the overall amount of money that can be claimed or the types of losses that can be claimed.
Non-monetary losses, such as the emotional pain of losing a loved one, differ from monetary losses, such as healthcare expenditures, missed earnings from a job, or a potential inheritance.
How Much Does It Cost to Hire Dublin Wrongful Death Lawyers?
Wrongful death lawyers usually work on a contingency fee basis, which means they only get paid if their client gets compensated. There are no charges upfront. Clients pay nothing out of their pocket if their wrongful death lawyer is unable to obtain compensation for them. The Keating Firm's Dublin lawyers provide a free case evaluation, so clients phoning to discuss their legal claim is risk-free.
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Review Your Claim with Our Wrongful Death Lawyers in Dublin
Losing a loved one is always heartbreaking, and no amount of money will make up for the tragedy that took their life. A successful wrongful death lawsuit, on the other hand, can provide the financial help that a family needs during this difficult time.
The Keating Firm LTD has handled numerous wrongful death cases and can hold whoever is to blame for a loved one's wrongful death accountable.