Wrongful Death Attorney in Strongsville, OH
When a loved one is killed due to another party’s negligence, surviving family members are often left with emotional and financial burdens. A Strongsville wrongful death lawyer can provide eligible family members with the legal means to seek accountability from those responsible under Ohio’s wrongful death statutes.
At The Czack Hobbs Law Firm, we know that every family’s situation is unique. Our team can help you through the legal process with compassion and committed representation.
Hire a Wrongful Death Lawyer
At The Czack Hobbs Law Firm, we have dedicated our practice exclusively to helping injured individuals and families after serious motor, premises liability incidents, workplace-related negligence, and other catastrophic personal injury cases throughout Strongsville and Ohio.
Our award-winning attorneys have more than 40 years of combined trial experience, representing thousands of Ohioans throughout the legal process. We are not a high-volume injury firm. We work directly with every client, providing meaningful communication, personal guidance, and compassionate advocacy from the start of a case through its resolution.
Who Can File a Wrongful Death Claim in Ohio?
Ohio law restricts who may file a wrongful death claim. According to Ohio law, a wrongful death claim must be initiated by the personal representative of the deceased’s estate on behalf of surviving spouses, children, parents, and any other next of kin who sustained losses.
While these surviving family members are the beneficiaries of the claim, they will typically not file the claim in their individual names. The persons who may recover compensation from the wrongful death claim depend on the family structure and the type of losses that each beneficiary has suffered due to the death.
What Must Be Proven in a Wrongful Death Case?
To prevail on a wrongful death claim, the claimant must show that someone else’s negligent or wrongful actions caused the decedent’s death. In most instances, the plaintiff will need to prove that:
- The defendant owed a legal duty of care to the deceased person.
- The defendant’s negligent or intentional conduct breached that duty.
- That breach directly caused the decedent’s fatal injuries.
Accident reports, medical and hospital records, witness statements, and expert witnesses are among the types of evidence that may be presented to prove a claim. The evidence needed to establish liability will vary based on the facts and circumstances of the case.
What Compensation Is Available in an Ohio Wrongful Death Claim?
In a wrongful death claim, surviving family members may recover compensation for their financial and personal losses. Ohio Revised Code § 2125.02 enables beneficiaries to recover damages such as:
- Loss of financial support
- Loss of services
- Loss of society
- Mental anguish
- Reasonable funeral and burial expenses
The amount of compensation they can seek depends on several factors, including the relationship between the beneficiaries and the deceased, the facts of the case, and the available evidence to prove damages.
How Long Do Families Have to File a Wrongful Death Claim?
In Ohio, a wrongful death claim generally needs to be filed within two years of the date of the person’s death, pursuant to Ohio Revised Code § 2125.02. If a claim is not filed within the relevant statute of limitations, surviving family members may be barred from seeking compensation.
Since some factors can impact deadlines for filing or the evidence in a case, it can be important to initiate the legal process early, as that can enable your attorney to preserve records, witness testimony, and other information related to the claim.
FAQs
Can a Criminal Case and a Wrongful Death Claim Be Filed for the Same Death in Strongsville?
A wrongful death claim and a criminal prosecution are two separate legal actions with distinct goals. A criminal case aims to punish the defendant for their alleged criminal conduct. A wrongful death claim allows the surviving family members of a deceased victim to seek monetary damages in the civil justice system. Occasionally, both cases will stem from the same fatal incident, and the outcome of one does not always have to rely on the outcome of the other.
How Many Injury-Related Deaths Occur in Strongsville Each Year?
In 2022, there were 12,464 deaths due to injury across Ohio, as reported by the Ohio Department of Health. Although not all deaths due to injury will give rise to a wrongful death claim, a surviving family member may have grounds to pursue a wrongful death claim when another person’s negligent or wrongful conduct causes the death of a loved one. Each case must be reviewed on its own facts and under the applicable Ohio law.
Can a Wrongful Death Claim Be Settled Without Going to Trial in Strongsville?
A wrongful death claim does not always need to go to trial. In many cases, the parties reach a negotiated settlement after reviewing the available evidence and evaluating the strengths of the claim.
Whether settlement is appropriate depends on the facts, evidence, and willingness of all parties to reach an agreement. If a fair settlement cannot be achieved, litigation may be necessary to protect the surviving family’s interests and pursue the compensation available under Ohio wrongful death laws.
Does a Wrongful Death Settlement Require Court Approval in Strongsville?
Wrongful death settlements in Ohio often must be approved by the Cuyahoga County Probate Court when the claim involves a decedent who resided in the county. The probate court approval process is designed to make sure the settlement proceeds are distributed in accordance with Ohio law.
The requirement that the probate court approve wrongful death settlements is just one way in which wrongful death claims can differ from many other types of personal injury claims.
Contact a Strongsville Wrongful Death Attorney
At The Czack Hobbs Law Firm, we offer compassionate and knowledgeable counsel to families filing wrongful death claims in all areas of Ohio. When you hire a wrongful death lawyer from our team, they can provide aggressive representation throughout your case. Schedule a consultation today to learn more about your legal rights.
