Personal Injury – Wrongful Death
The loss of a loved one is a devastating experience. Wrongful death or the loss of a loved one due to the negligent or wrongful act of another person, company, or entity can make that experience even harder. If you have experienced the loss of a loved one due to wrongful death, either by negligent or a wrongful act(s) committed by another party, it is important for you to contact a personal injury attorney who has the knowledge, experience and ability to recover the damages you suffered from all available sources. The personal injury attorneys at the Law Offices of Bergman & Yiangou understand the hardships associated with the wrongful death of a loved one and will pursue the compensation you and your family deserve.
What is a wrongful death claim?
Wrongful death arises when a negligent or wrongful act is committed by a person, company, or other entity that results in the death of another. The wrongful act could have been committed either intentionally or unintentionally. Wrongful death cases most commonly occur with automobile accidents, airplane accidents, a criminal act, or medical malpractice. When a wrongful death lawsuit is filed with the courts, the moving parties allege that an individual died due to the negligence of another party, and that the death has caused physical or emotional damages.
In order for a wrongful death claim to succeed, one most show that:
- The death occurred
- The death was caused by the negligent or wrongful act of another party
- Damages arose from that death
Who can file a wrongful death claim?
Only the executor of the deceased’s estate can file a wrongful death claim.
What types of damages can be claimed when a wrongful death occurs?
The most obvious damages that result from a wrongful death claim are pecuniary. Pecuniary damages associated with the wrongful death can include financial damages. These can include loss of past and future income, loss of past and future benefits (such as pension income, health insurance, etc.), and medical and funeral expenses that were the end result of the death of your loved one. In addition, damages can be claimed due to any emotional pain you or your family have experienced due to the loss of your loved one, such as loss of companionship and mental anguish. Often the mental pain associated with the wrongful death of your loved one exceeds the monetary damages suffered.
In a wrongful death case, who determines the amount of damages?
The totality of your wrongful death case will be assessed by a judge or jury. They will determine the amount of damages suffered.
Who can claim wrongful death damages?
Typically, wrongful death damages can only be claimed by the immediate family of the deceased. This includes the deceased’s heirs and beneficiaries, such as his or her spouse, minor children, parents, and siblings. Each case is different, however, and it is important that you contact an experienced personal injury attorney who will determine if you have a claim for damages.
When must a wrongful death claim be made?
The statute of limitations in Ohio provides that a wrongful death claim must be made within two years from date of death. If the claim for wrongful death is not made within this timeframe, the claim may be denied. This time period can vary, however, depending on the type of personal injury claim and cause of death. It is important to speak with a knowledgeable personal injury attorney as soon as possible.
Contact the experienced Columbus personal injury lawyers at the Law Firm of Bergman & Yiangou for a free consultation. Our attorneys are prepared to represent many different families who have suffered the loss of a family member due to a wrongful death. Our personal injury attorneys will review your case to determine what type of claim and damages you are entitled to receive. Call today for a free consultation.