If you recently lost a loved one in a fatal accident, please accept our sincere condolences. The untimely death of a loved one leads to many emotional and financial challenges. A wrongful death lawyer in Columbus will help you hold the negligent party accountable and recover damages.
At Cooper Elliott, we have helped many families recover after losing a loved one in a tragic accident. We have over 100 years of combined legal experience advocating for those wronged. Our team has recovered more than $700 million for clients, and we continue to win claims. Call our Columbus personal injury lawyers today for a free consultation.
Our Columbus Wrongful Death Attorneys Offer Compassionate Legal Guidance
Many different types of serious accidents can cause death. As experienced lawyers, we have served a wide range of cases. We take the time to carefully listen to your account and thoroughly investigate the incident to gain an in-depth understanding of your unique situation.
In addition to wrongful death lawyers, our Columbus team also includes the following legal professionals:
- Car accident lawyers
- Truck accident lawyers
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
If you have lost a beloved family member under different circumstances, please reach out to us. We may be able to help. Our team easily creates tailored legal strategies that fit your case and personal goals.
Who Can File a Wrongful Death Damage Claim in Ohio?
While in some states, a wrongful death lawsuit can be filed by the deceased person’s surviving family, the legal process in Ohio is slightly different. Here, the responsibility falls upon the personal representative (often referred to as the “executor”) of the deceased person’s estate to initiate the wrongful death claim in court, as stipulated by Ohio Rev. Code § 2125.02 (2021).
If the deceased had a will, they probably designated a personal representative. However, if the individual passes away without a will, the court appoints a suitable representative to serve in this capacity.
Available Wrongful Death Damages
The personal representative of the victim’s estate can file a suit for the exclusive benefit of surviving family members who qualify for damages. The decedent’s surviving spouse, children, and parents can recover compensation.
Available wrongful death damages include:
- Funeral and burial expenses
- Loss of support
- Loss of services
- Loss of companionship
- Mental anguish
These damages are intended to compensate the surviving family members for the losses they have suffered as a result of the wrongful death of their loved one. The probate court allocates these proceeds to eligible beneficiaries.
Available Damages Through a Survival Action
In Ohio, the personal representative of the decedent’s estate can file a wrongful death claim, a survival action, or both. While both seek to address the harm caused by the loss of life, they serve different purposes and focus on distinct aspects of the legal aftermath.
A wrongful death claim aims to compensate surviving family members for the losses they have suffered as a result of the death. On the other hand, a survival action is initiated on behalf of the deceased person’s estate. It seeks to recover damages for the losses incurred by the deceased before their death.
Recoverable damages through a survival action in Ohio include:
- Medical bills
- Pain and suffering
- Lost wages
The compensation awarded for these losses is added to the deceased victim’s estate and distributed according to the will. Therefore, the recipients of wrongful death damages and survival action damages may differ. A wrongful death attorney in Columbus from Cooper Elliott can determine what types of damages you can receive.
How to Prove Negligence in a Wrongful Death Case
Negligence refers to the failure of an individual or entity to exercise reasonable care, resulting in the death of another person. In legal terms, negligence occurs when a party breaches a duty of care owed to the deceased, leading to foreseeable harm or injury.
To establish negligence, our wrongful death attorneys in Columbus will prove the following key aspects:
- Duty of care: The defendant owed a duty of care to the deceased. This duty varies depending on the circumstances but generally entails acting reasonably to prevent harm to others. For example, a driver has a duty to operate their vehicle safely to avoid accidents.
- Breach of duty: The defendant breached their duty of care by failing to uphold the required standard of conduct. This breach may involve actions such as reckless driving, medical errors, or negligence in maintaining safe premises.
- Causation: There is a causal link between the defendant’s breach of duty and the death of the victim. We will demonstrate that the defendant’s actions or omissions directly led to the fatal injury and that the death was a foreseeable consequence of their negligence.
- Damages: Finally, we will quantify the damages suffered by the surviving family members due to the wrongful death.
Ohio Has a Time Limit for Wrongful Death Lawsuits
The statute of limitations outlines how long plaintiffs have to file a claim against the at-fault party after an accident. Most wrongful death lawsuits in Ohio must be filed within two years. However, you should consult a Columbus wrongful death lawyer to learn exactly how much time you have.
Failure to adhere to this deadline can result in losing the opportunity to seek fair compensation for the losses suffered as a result of the wrongful death. The sooner you hire an attorney, the more time they can devote to your case.
Call Cooper Elliott Today and Uncover the Truth After a Wrongful Death
Losing a loved one due to someone else’s negligence or wrongdoing is a devastating experience, and navigating the legal complexities that follow can feel overwhelming. At Cooper Elliott, we understand the profound impact of such a loss and provide the support you need during this difficult time.
Our team will investigate the circumstances surrounding your loved one’s death and build a strong case to hold the at-fault party accountable. Contact us today, and we can help protect the memory of your loved one by seeking justice.
