Wrongful Death Claims Stem from a Variety of Tragedies

July 30, 2012

Wrongful Death

Ohio Wrongful Death | Ohio Wrongful Death AttorneyAfter a night of partying, an 18-year-old Akron, Ohio woman has an argument with friends and is abandoned in a snow pile.  She dies of exposure.

A 19-year-old Athens, Ohio man is stabbed to death in a fight at a graduation party.

A 24-year-old graduate of Miami University in Oxford, Ohio is “tasered” by police and dies shortly afterward.

All of these unfortunate tragedies occurred in Ohio and resulted in wrongful death claims being filed by family members within the past year.

Wrongful death occurs when a decedent’s death is caused by a wrongful act, neglect, or default of another.  The deceased party would have been entitled to maintain the action against the person responsible for the death, if the decedent had survived.

The aim of wrongful death statutes is to achieve compensation for the survivors, as if the decedent had not died and had continued to provide support and companionship for family members.  In Ohio, civil compensatory damages are permitted and can be awarded for the following:

(1) Loss of support from the reasonably expected earning capacity of the decedent;

(2) Loss of services of the decedent

(3) Loss of society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent;

(4) Loss of prospective inheritance to the decedent’s heirs at law at the time of death;

(5) Mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent.

(Reference Ohio Revised Code 2125.02 (B)).

The wrongful death claim must be brought within two years of the date of the death.  Only a person who is the personal representative of the decedent may bring the claim—this is usually a surviving spouse, or the parents or children of the decedent.  The representative brings the action in their own name, on behalf of the deceased.  If the claim is ultimately successful, the proceeds are split between the beneficiaries of the decedent according to their blood relation (consanguinity) to the deceased.

Many wrongful death claims stem from car accidents or incidents like those described above, but it is also possible to file wrongful death suits when a loved one has died in an explosion accident or as a result of product failure.

Ohio has a comparative negligence law which may permit the family of the deceased to recover damages even if the victim was partially at fault in the wrongful death.

Dealing with the death of one dear to you is always difficult because nothing can replace that person.  If you have any questions about the nature of the death of your family member, please don’t hesitate to contact Slater & Zurz, LLP for a free consultation at 1-800-297-9191 to make certain that you are adequately represented in order to insure compensation for damages sustained to you by the loss of your loved one.  You can also send us a Blog Message to ask any questions that you may have, or schedule a time to talk.

In addition, an Ohio lawyer experienced with wrongful death can further advise you if you believe you may have rights to recover damages for either a product defect or other damages claim following the loss of a loved one. Their experience with wrongful death cases will help to answer your questions and help you understand your rights.

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About slaterzurz

Slater & Zurz LLP is an Ohio law firm of highly experienced and respected attorneys. Over the last 40 years, we have developed a reputation for getting positive results for clients. We've been trusted with handling over 20,000 personal injury cases and our clients have received more than $120,000,000.

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2 Comments on “Wrongful Death Claims Stem from a Variety of Tragedies”

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  1. etvthroughinternet.com: The Leading ETV Through Internet Site on the Net - July 30, 2012

    […] A 19-year-old Athens, Ohio man is stabbed to death in a fight at a graduation partyRead more: Wrongful Death Claims Stem from a Variety of TragediesRelated posts:When Do You Need a Wrongful Death Attorney?A wrongful death lawyer will fight for your […]

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