The sudden loss of a loved one is tragic and can devastate those family members left behind to mourn. When the tragic loss of a loved one is due to someone else’s willful negligence or wrongdoing, the results are even more devastating.
No amount of money can compensate for the unnecessary loss of a loved one, but a wrongful death attorney can sometimes get the financial compensation that will help the family shoulder their loss and move forward. A wrongful death is defined differently in every state, so it can be difficult to understand what constitutes a wrongful death in Cleveland.
Here’s what you need to know.
Wrongful Death in Cleveland, Ohio
A wrongful death is caused by another party’s willful or negligent actions. In Cleveland, a client can bring a wrongful death suit in cases where, if the deceased had survived, they would have been able to file a personal injury claim and recover damages. Typically, a close family member acts as a representative of the deceased to bring the wrongful death suit.
There are 4 components to a wrongful death claim in Cleveland, and a wrongful death attorney must prove all 4 components to win their case in a court of law.
- The defendant had a responsibility to act in such a manner that would have prevented harm to the deceased.
- That duty of care was breached.
- The victim’s death was a direct result of the defendant’s conduct.
- The surviving family member(s) is suffering financial losses due to their loved one’s death.
A victim’s surviving spouse, parents, and children may all be entitled to a portion of the compensation if it can be proven that they suffered a loss due to the victim’s untimely death. Sometimes siblings may also be included, but stepchildren who have not been legally adopted are typically not named in a wrongful death suit.
What is the statute of limitations?
In Cleveland, a wrongful death suit may be filed up to 2 years after the victim’s unfortunate passing. There are exceptions in certain cases. If you have lost a loved one due to someone else’s negligence or wrongdoing and it has been more than 2 years, you may want to speak to an experienced wrongful death attorney in Cleveland to see if your case qualifies for an exception. Sometimes, legal action may still be pursued, but you should start the process as soon as possible.
What constitutes wrongful death?
There are a wide range of instances where a wrongful death attorney may be able to help you recover financial compensation for your loss. A seasoned wrongful death attorney can help you seek damages in any of these instances:
- Medical Malpractice
- Automobile Accidents
- Abuse and/or Neglect
- Premises Liability
- Intentional Behavior
- Death at Work
In cases involving intentional behavior, like road rage or death by firearm, a criminal case may well be brought against the defendant. However, a civil case can still be pursued for wrongful death by surviving family members.
Damages and Settlements
Each case is unique, and the allowable damages that can be recovered will vary with every case. However, there are some damages that tend to be standard in a wrongful death suit. The standard damages typically include medical costs for the deceased, along with funeral and burial costs.
Additional damages can sometimes be recovered by the family in a wrongful death case. These damages include:
- Potential financial support the deceased would have provided.
- The amount of inheritance may have been reduced by an untimely death.
- The estimated value of childcare and household services provided by the deceased.
- Loss of consortium, companionship, training, and guidance.
- Anguish suffered by the family members of their loved one’s untimely and tragic death.
Again, every case is different and evaluated on an individual basis. In some instances, surviving family members can recover all the above damages. An experienced wrongful death attorney can listen to your story and advise you on what type of damages you may be able to recover in your individual case.
Partner with an Experienced Wrongful Death Attorney
No amount of money can compensate for the tragic and untimely loss of a loved one but an experienced wrongful death attorney can help you recover the compensation necessary to help your family move forward.
Coping with losing a loved one is never easy, and you shouldn’t have to add a financial burden to your circumstances. If you’ve lost a loved one due to the negligence or wrongful act of another, partner with an experienced wrongful death attorney today. A skilled wrongful death attorney will fight for your rights and help you recover the financial compensation you need to move forward.