Losing a family member to an unexpected accident is a jarring and devastating experience, especially when the incident could have been avoided if another party had acted more responsibly. While civil litigation cannot completely erase the harm done to you and your family, filing a lawsuit is important for maximizing your quality of life and minimizing the financial harm that comes from your loss.
Cases involving a death can be both legally and emotionally complex, and you should not have to manage it alone. By working with a St. Clairsville wrongful death lawyer, you could ensure your right to compensation is enforced, and your best interests are protected while also giving your family time to process their grief. The experienced personal injury attorneys at Bordas & Bordas have a strong record of securing damages for families who lost someone in an accident, including $7 million in Doe v. Utility Company, $18 million in Phipps v. Exterran et al., and $50 million in Meredith v. Heartland of Clarksburg.
According to Ohio Revised Code § 2125.01, if your loved one passes away due to someone else’s “wrongful act, neglect, or default,” and they would have had legal grounds to sue that other person had they survived, then their cause of civil action “survives” their death and transfers to their immediate family members. Your family can then pursue wrongful death litigation in the deceased’s name. If someone passes away specifically due to a criminal act, any wrongful death case could proceed at the same time as criminal proceedings, and the outcome of one case would have no direct bearing on the outcome of the other.
Importantly, while a decedent’s surviving spouse, children, parents, and/or next of kin are all eligible to receive compensation from a successful wrongful death claim, only the person nominated as the estate representative in the decedent’s Will may file the claim. As a St. Clairsville wrongful death attorney could further explain, that representative generally must begin the litigation process no later than two years after the decedent’s death, in accordance with O.R.C. § 2125.02.
You could recover various economic and non-economic losses after a family member’s death. This usually includes:
If the claim is successful, all compensation obtained through a settlement or court award would be divided among eligible beneficiaries, as laid out in Ohio’s intestate laws. While siblings, grandparents, and other relatives are not explicitly listed as eligible beneficiaries under state law, they can obtain compensation through this type of claim if they can prove they suffered compensable losses.
Notably, under O.R.C. § 2125.03, courts may, and often do, create a trust in order to maintain compensation awarded to a beneficiary under 25 years old. This trust would be managed by a designated trustee and distributed to the beneficiary once they turn 25. A wrongful death lawyer in St. Clairsville could go into more specific detail about available damages during a private initial consultation.
Wrongful death litigation is never easy to pursue, even if there is no question as to who bears fault for your loved one’s death. Enforcing your rights while also dealing with immense heartache and shock can be difficult to accomplish alone. That is why having professional legal counsel is especially important in situations like this.
A St. Clairsville wrongful death lawyer could work diligently to ensure your case has the best outcome possible and preserve your family’s interests every step of the way. We are ready to provide guidance whenever the time is right. Contact us.
