Did you lose a loved one in Sandusky, OH? If their death resulted from someone else’s negligence or wrongdoing, you may be able to hold the at-fault party responsible. Call Wisehart Wright Trial Lawyers today at (419) 625-7770. Our Sandusky wrongful death lawyers are here to offer trusted legal assistance.
Our team has 181 years of collective experience. We’ve successfully secured over $100 million for victims and families throughout Ohio. We know how to take on insurance providers and other opponents to get our clients the compensation they deserve.
To learn more, contact our Sandusky, Ohio, law firm for a free consultation.
How Wisehart Wright Trial Lawyers Can Help With a Wrongful Death Claim in Sandusky, OH
Dealing with grief is a profound experience that requires time and support. You shouldn’t have to become a legal expert overnight if you’re grieving the unexpected loss of a family member. That’s where our Sandusky personal injury lawyers can be an invaluable resource.
We will handle every aspect of your Ohio wrongful death claim, allowing you the time you need to process your loss.
If you hire our experienced and caring attorneys, you can expect us to:
- Fully explain your rights under Ohio law
- Investigate the circumstances of your family member’s death
- Gather evidence proving liability
- Accurately assess your damages
- Pursue all available claims and negotiate a settlement on your family’s behalf
- Fight for you in an Erie County, OH, court if necessary
Your loved one isn’t here to offer their version of events. We won’t let an opposing party or insurance company use that to their advantage. Let our Sandusky personal injury attorneys protect your right to fair compensation and pursue justice and accountability for your tragic loss.
What Is Wrongful Death in Ohio?
Under Ohio law, a wrongful death is a fatality caused by a party’s neglect, wrongful acts, or default. If the decedent could have pursued a personal injury claim against the at-fault party had they survived, their surviving family members likely have the right to receive wrongful death damages.
A wrongful death action is a civil matter. So, if the State of Ohio presses criminal charges against the individual who caused your loved one’s death, that is a separate proceeding. Whether or not they’re found guilty of a crime, you can pursue a wrongful death case and recover compensation.
The main purpose of filing a wrongful death claim is to compensate the family for the losses they sustained due to the decedent’s untimely passing. This differs from a survival action, which serves to pay for the victim’s losses, such as if they survived the accident for a period of time before they died.
For example, your loved one may have endured severe pain in the hospital for weeks before succumbing to their injuries. In that case, a survival action can seek compensation for their pain and suffering, lost wages, and medical bills.
Who Can File a Wrongful Death Claim in Ohio?
The decedent’s personal representative must typically file an Ohio wrongful death case. However, any compensation recovered will be disbursed to a surviving spouse, children, parents, and/or other next of kin.
What Causes Most Wrongful Deaths in Sandusky?
The sad truth is that people can lose their lives in all types of ways. In most cases, it is a matter of negligence. In other words, someone’s carelessness caused an accident or incident that resulted in another person’s death. However, intentional acts can also lead to fatalities.
At Wisehart Wright Trial Lawyers, we’ve helped Ohio families navigate the aftermath of fatal:
- Car accidents
- Pedestrian accidents
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Mass transit accidents
- Workplace accidents
- Construction accidents
- Medical malpractice
- Dog bites and attacks
- Boat accidents
- Slip and fall accidents
- Assaults and other acts of violence
- Defective product accidents
No matter how your loved one died, our Sandusky wrongful death attorneys are here to help you during this incredibly difficult time. Call us today to discuss your situation.
What Is My Sandusky Wrongful Death Case Worth?
Determining the value of a Sandusky wrongful death claim can be complex and depends on numerous factors.
- How old was the victim at the time of death?
- What was their relationship to you?
- Did the victim die right away, or did they suffer from their injuries for some time?
- What was the decedent’s earning capacity?
- What and who caused the wrongful death? Was it an intentional act or an accident?
- What kinds of emotional and psychological support have you and your family lost?
- What compensation options are available (e.g., insurance policy limits)?
- Could more than one party be liable?
These are just a few considerations to evaluate when valuing your case. Our wrongful death lawyers in Sandusky will leave no stone unturned as we pursue compensation for you and your family.
What Types of Damages Are Available in an Ohio Wrongful Death Action?
A wrongful death action may include compensation for economic and non-economic damages. However, the types of damages are different than in a typical personal injury case. That’s because the goal is to compensate the surviving family members rather than the victim.
Examples of damages in an Ohio wrongful death claim include:
- Funeral expenses
- Burial costs
- Loss of financial support and benefits
- Loss of inheritance
- Mental anguish
- Loss of childcare and/or household services
- Loss of companionship
It can be challenging to identify and put an actual dollar amount on these types of losses, especially if you aren’t familiar with this area of law. That’s what makes it crucial to work with a skilled Ohio wrongful death attorney.
How Do I Prove My Wrongful Death Case?
Most wrongful death matters require proof that the at-fault individual was negligent.
If you have a negligence-based wrongful death claim, you will need to establish the following elements:
- The defendant owed the deceased a duty of care, such as the responsibility to follow Ohio traffic regulations.
- The defendant breached that duty. For example, they ran a stop sign when they were driving while distracted.
- The breach of duty was the direct cause of the decedent’s death. For example, when the defendant ran the stop sign, it resulted in a fatal car crash that killed the victim.
- The decedent’s family suffered damages due to the death. For example, the victim left behind young children who will miss out on parental guidance and nurturing.
If your wrongful death case is based on an intentional tort, like assault, you will need to prove different elements, which will depend on the specific act.
The kinds of evidence needed to support your claim may include:
- Witness testimony
- Accident reports
- Medical records
- Autopsy reports
- Death certificate
- Surveillance, photos, and videos
- Expert witness opinions
- Financial statements and records
Collecting and organizing the proof needed for a wrongful death claim can be time-consuming. Allow our attorneys in Sandusky to take on this task for you while you focus on your family’s well-being.
Can I Recover Compensation If My Loved One Is Being Blamed for Their Fatal Accident in Ohio?
The answer to this question depends on the extent of your loved one’s fault. Ohio follows a system of modified comparative negligence. Under the statute, you cannot receive any compensation if the decedent’s share of responsibility exceeds 50%. However, if the decedent was 50% or less at fault, you can recover a reduced award.
For example, suppose your spouse died in a Sandusky motorcycle collision, and it’s determined that they were 40% to blame for it. In that case, your wrongful death award will be reduced by 40%.
It is pivotal that you seek help from a knowledgeable personal injury lawyer in Sandusky if someone is blaming your loved one for their fatal injuries. They aren’t here to refute these claims or give their side of the story. However, we can work to minimize the effect of these types of allegations.
What Is the Statute of Limitations for Filing a Wrongful Death Lawsuit in Ohio?
Under Ohio law, you must generally initiate a wrongful death claim within two years of the victim’s date of death (with some exceptions). However, it’s best to get the process started as quickly as possible. Evidence can fade or be lost over time. It may take longer than you expect to build a solid case.
Additionally, if your lawsuit isn’t filed within the applicable statute of limitations, you and your family could miss out on much-needed compensation. Reach out to our experienced Sandusky injury lawyers for immediate assistance.
Contact Our Sandusky Wrongful Death Lawyers for a Free Case Evaluation
If you’ve tragically lost a loved one in Sandusky, OH, legal help and guidance is just a phone call away. When you choose Wisehart Wright Trial Lawyers, you gain a team of trusted and empathetic advocates who are ready to stand up for you and your family.
Contact our respected Sandusky wrongful death attorneys to learn more about our services and how we can assist with your claim.