Toledo wrongful death lawyers don’t want to put a price on your loved one’s life. We want to help you get justice for their tragic death. While the state pursues criminal proceedings against an offending party, we can help you hold an offender financially responsible for your recovery.
In our 30 years of service to Ohio families, Cooper Elliott has helped survivors secure over $700 million in support. You can book a free case evaluation with our Toledo personal injury lawyers today.
Who Can File a Wrongful Death Claim in Toledo, OH?
Ohio’s state laws allow wrongful death claims to benefit the entirety of the deceased’s immediate family. However, the question of who can file a wrongful death claim in Ohio is a more complicated one. The state only allows the deceased’s personal representative to take legal action on their behalf.
The deceased may have elected a personal representative in their will prior to their death. If so, families can review the will to determine who has the right to sue for damages based on a loved one’s losses. If the deceased did not elect a personal representative, Ohio representatives may do so on their behalf.
However, parents of minors lost in a tragic accident have the right to represent that child. No child has to elect a personal representative before they turn 18. All minors default responsibility for their estates back to their parents or guardians, barring those minors who’ve sought estrangement or emancipation.
For a free legal consultation with a wrongful death lawyer serving Toledo, call 614-481-6000
When Should Families Call a Toledo Wrongful Death Lawyer?
If your family decides you want to take legal action on behalf of a deceased family member, you need to do so before Ohio’s personal injury statute of limitations expires. The statute of limitation allows you to take up to two years to:
- Contact an attorney
- Find evidence of the negligence that caused your loved one’s death
- Calculate the value of a loved one’s losses
- Submit your finalized wrongful death claim to Toledo civil courts
You cannot miss your filing deadline if you want to take advantage of the rights afforded to you by Ohio’s wrongful death statutes. Ohio will not recognize wrongful death cases filed outside of a standing statute of limitations except under unique circumstances.
If you’re unsure whether you have time to act, get in touch with a Toledo wrongful death attorney. Our team can investigate your circumstances and determine how much time you have left to file a claim.
Toledo Wrongful Death Lawyer Near Me 614-481-6000
What Evidence Do You Need to Proceed With a Wrongful Death Claim?
You can’t build a wrongful death claim without evidence. Fortunately, our wrongful death lawyers in Toledo can help you find the data you need to meet Ohio’s burden of proof. Meeting that burden allows you to move a wrongful death claim forward, as you have enough evidence to reasonably argue that someone else’s negligence caused your loved one’s accident.
The evidence we can use to meet or exceed Ohio’s burden of proof may include the following:
- Electronic evidence from the time of the accident
- Statements from witnesses
- Physical debris
- Evidence of environmental damage
- Photos from before and after the accident
- Video footage of the accident
- Expert witness testimonies
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What Damages Can You Secure With a Wrongful Death Claim?
When filing a wrongful death claim on a loved one’s behalf, you can outline the full extent of losses you and your loved one endured as a result of their passing. The losses you use to calculate the total value of your loved one’s wrongful death case may subsequently include the following:
- Premortem emergency care and medical expenses
- Hospice fees, if applicable
- Funeral expenses
- Lost income
- Lost personal wages
- Loss of consortium
- Loss of companionship
- Property damage
- Emotional distress
We know how difficult it can be to stay on top of your finances after a loved one’s death. That’s why our team strives to maximize the compensation you walk away with after filing a wrongful death claim. You can ask our team questions about your right to recover and our damage calculations during your first case assessment.
How Can You Fight for Wrongful Death Compensation?
You are not obligated to defend your right to accident compensation in front of a judge or jury. If you feel up to it, you can ask your representative to arrange private settlement negotiations between you and the party responsible for your loved one’s death.
However, we recognize that you may not feel emotionally ready to stand face-to-face with the person responsible for your loss. It’s with your emotional well-being in mind that we offer to manage your communications about settlement negotiations. We may even have the right to oversee these negotiations on your behalf.
We can also prepare you to go to court if you would prefer to waive your right to initial settlement negotiations. The defendant and their representative may retain the right to approach our team as more traditional legal proceedings progress.
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Can You Hold Someone Criminally Responsible for a Loved One’s Wrongful Death?
You, as a private citizen, may not hold the person responsible for your loved one’s death criminally responsible for their passing. However, the state may take legal action against someone they believe guilty of involuntary manslaughter or accidental murder.
If the state opens a criminal case against the person involved in your wrongful death case, consider asking your Toledo, OH, wrongful death lawyer to keep an ear out for case developments. You have the right to include information about a defendant’s criminal conviction in your civil case.
Get in Touch With Our Toledo Wrongful Death Lawyers Today
We know that there’s no amount of money that can make up for a loved one’s absence in your life. We won’t want to reduce your loved one’s life to numbers. Instead, we want to get your family the financial support it needs to pay relevant bills. The less you have to worry about your losses, the easier it is for you to prioritize your family’s healing.
Our wrongful death attorneys in Toledo, OH, want to make it as easy as possible for you to understand the civil system. We will not put you in a room with the party liable for your loved one’s death without representation. We won’t let insurance companies bully you out of your right to support.
Are you ready to learn more about your right to recover? You can book a free wrongful death case assessment with the personal injury lawyers at Cooper Elliott today.
Call or text 614-481-6000 or complete a Free Case Evaluation form
