Have you lost a spouse or loved one due to the negligence or reckless conduct of another individual? The Columbus personal injury attorneys at The Fitch Law Firm LLC will go the extra mile to help your family pursue the monetary damages you need to cover your economic and non-economic losses.
Nothing can lessen the pain of losing a loved one. However, receiving the compensation you need and deserve can help you and your family get back on your feet. If you have questions about a possible wrongful death lawsuit, a Columbus wrongful death lawyer is prepared to help you find answers. We offer free consultations for families who have lost loved ones.
Who Is Liable in a Wrongful Death Case?
One of the first things you must determine before you can recover compensation in a wrongful death case is who is at fault for your damages. Determining fault can often be quite challenging. There are many elements you must establish to prove that another party is liable for the accident that caused your loved one’s death.
Fortunately, an experienced wrongful death attorney in Columbus will know exactly what to look for when attempting to prove fault. Your lawyer will investigate your case with the dual intention of gathering evidence and proving liability.
For a free legal consultation with a Columbus wrongful death lawyer, call: (614) 545-3930Call Now »
What Is Wrongful Death?
Ohio Revised Statutes Section 2125 governs wrongful death actions in Columbus and other parts of the state. This law determines who can pursue damages, the damages potentially recoverable, and under what circumstances.
A wrongful death occurs when a person dies due to the negligence or misconduct of another person. In general, if the victim could have pursued damages if they survived their injuries, qualifying family members can go after compensation through a wrongful death action.
Wrongful death cases can result from:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Workplace injuries
- Construction accidents
- Medical malpractice
- Product liability
- Dangerous drugs and medical devices
- Pharmaceutical errors
Ohio law determines any restraints, limitations on recovery, or other requirements. The legal professionals at the Fitch Law Firm LLC in Columbus, Ohio, know how to develop support for this type of lawsuit and have handled wrongful death suits throughout the state.
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Who Can File a Wrongful Death Claim in Columbus?
When a person dies in a wrongful death accident, those who were dependent on (or a beneficiary of) the deceased may be entitled to monetary damages. However, not all family members can bring this type of claim or lawsuit in a civil court under Ohio law.
The state’s Wrongful Death Act requires the person bringing this action to either be designated as the personal representative in the individual’s will or appointed by the probate court during probation of the estate.
Often, this personal representative may be a family member who will also recover compensation through the claim, but this is not always true. Those who generally qualify to receive monetary damages through a wrongful death case include:
- A surviving spouse
- Any surviving children, minor or adult
- The deceased individual’s parents
The distribution of damages after a settlement or trial depends on the individual’s will or the intestate laws that apply. At the Fitch Law Firm LLC, we understand how devastating the loss of a loved one can be and the impact it can have on your life, including the financial toll it can take on your family. That’s why we are here to help you.
How One of Our Lawyers Can Help With Your Wrongful Death Lawsuit
When you work with us to file a wrongful death claim, the Fitch Law Firm LLC will fight to help you obtain a settlement or verdict that is fair and just based on the facts of your loved one’s death.
We will worry about your financial future and the complex legal matters associated with a wrongful death lawsuit, so you and your family can focus on healing and moving on with your lives.
Most damages recoverable in a wrongful death claim or lawsuit are compensatory damages. They compensate family members for their losses, including:
- Funeral and burial expenses
- Any remaining medical expenses
- Loss of income from the deceased
- Loss of inheritance and other financial benefits
- Loss of services previously performed by the lost loved one
- Loss of companionship, parental guidance, and other intangible losses
- The mental anguish of the surviving family members
Factors the courts may consider when determining the amount of wrongful death damages awarded include:
- The amount of money earned by the deceased
- The loss of companionship
- The savings of the deceased
- The degree to which the survivors were financially dependent on the deceased
- Medical and funeral costs incurred
If you lost a loved one as the result of someone else’s negligence, it is crucial that you find a law firm with both the experience and the resources necessary to handle these cases. We’re here to help you get the compensation you deserve based on the details of what happened and the evidence available in your loved one’s accident case.
We’ve Recovered Millions for Wrongful Death Claimants in Ohio
We’re proud of the results we’ve achieved for grieving families. Some of these outcomes include:
- $5 million for a wrongful death victim’s family
- $5 million for a fatal construction accident
- $1.5 million for a medical malpractice claimant’s loved ones
These outcomes reflect our commitment to our clients’ success. We will do everything in our power to fight for a fair outcome in your case.
We Will Be
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You All The Way
We Encourage You to Consider Prompt Legal Action in Your Wrongful Death Case
Ohio has a statute of limitations on all civil lawsuits. These laws dictate how long you have to file your case. Your filing period depends on what type of case you’re filing when your loved one passed away and other factors.
By promptly connecting with our legal team, we can evaluate your situation and file your lawsuit in accordance with the state’s deadline. We can also start gathering time-sensitive evidence, such as video surveillance footage and witness testimony.
What Should I Do After Losing a Loved One in Columbus, Ohio?
You may have many questions about your next steps following your loved one’s passing. We want to build the strongest possible case on your behalf. To do this, we ask that you:
- Document your out-of-pocket expenses
- Leave communications to your wrongful death lawyer in Columbus
- Limit your social media use
- Consider the benefits of partnering with our wrongful death team
Document Your Out-of-Pocket Expenses
We want to recover every dollar you’re owed. So, you should keep all information related to your losses, including invoices, estimates, billing statements, and receipts. This will help us calculate your losses and negotiate a settlement with the liable insurer.
Leave Communications to Your Columbus Wrongful Death Lawyer
Even if the insurer knows you have legal aid, it might still attempt to contact you. The claims adjuster may overwhelm you with questions, options, and other matters. You could also get confused parsing through complicated legal jargon.
Your wrongful death attorney will manage all phone calls, texts, and emails from the liable party’s insurer. They will present your case in the best possible light and help you make informed decisions.
You’re in a vulnerable position after losing a loved one. You deserve to focus on your health, well-being, and family. Our team will manage everything your case requires.
Limit Your Social Media Use
Sharing information online about your case could come back to haunt you. For instance, if the claims adjuster sees anything related to your damages or fault, they could use this information to dispute your case.
Because of this, we encourage you to limit what you share on your social media pages. You can also wait until after your case is resolved to resume posting on your social media accounts.
Consider the Benefits of Partnering With Our Wrongful Death Team
You don’t have to manage the legal process alone. With our team’s help, you can leave your case’s obligations to us. We will evaluate your losses, file your claim, and negotiate a settlement. Our trial-ready lawyers can also litigate your case if the insurer refuses to settle. We will also advise you on your options.
These are just some considerations after losing a loved one in Columbus, Ohio. During your free case evaluation, we can explain what other measures could benefit your situation.
How Much Does it Cost to Hire a Wrongful Death Lawyer?
One of the most common reasons accident victims fail to secure legal counsel is concern about the cost of hiring an attorney. People often confuse wrongful death attorneys with other lawyers who charge a large fee upfront along with a high hourly rate. However, the truth is that wrongful death lawyers work on a contingency fee basis.
That means your attorney will only collect a fee if you recover compensation from the liable party. This fee will be in the form of a fixed percentage of the compensation you receive. This helps to ensure your attorney is motivated to get you as much money for your damages as possible.
If your lawyer is unable to secure compensation on your behalf, they will not be paid for their services.
Contact the Wrongful Death Attorneys at the Fitch Law Firm LLC
At the Fitch Law Firm LLC, we work closely with our clients to ensure they feel comfortable about how we are handling their cases and to let them know we are fighting for their rights. We have a long history of helping the loved ones of wrongful death victims get back on their feet after an accident.
Call us to speak with our compassionate team about your case for free. You may also contact us online to set up a free consultation.
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